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2025 DAILYLAW 79331 (ALL)

ADHAR CHAND SINGH v. STATE OF U.P. AND 2 OTHERS

A482/27330/2024 · 2025-01-09

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:4818 Court No. - 76 Case :- APPLICATION U/S 482 No. - 27330 of 2024 Applicant :- Adhar Chand Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A.,Rishu Mishra Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the Electricity Department. 2. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 25.02.2022 and cognizance order dated 12.04.2023, as well as entire proceedings of S.T. No. 1004 of 2023, titled State v. Adhar Chand Singh, arising out of Case Crime No. 494 of 2020, under Section 135 Indian Electricity (Amendment) Act, 2003, P.S. Anti Power Theft, District Gorakhpur, pending in the Court of Special Judge E.C. Act, Gorakhpur. 3. Learned counsel for the applicant states that the applicant is ready to pay the compounding charges before the Electricity Department within one month. Therefore, the impugned proceedings are liable to be quashed. 4. On the other hand, learned counsel for the Electricity Department has no objection to the aforesaid prayer. 5. In view of the aforesaid submissions, the entire proceedings of the charge sheet dated 25.02.2022 and cognizance order dated 12.04.2023, passed in S.T. No. 1004 of 2023, titled State v. Adhar Chand Singh, arising out of case crime no. 494 of 2020, under Section 135 Indian Electricity (Amendment) Act, 2003, P.S. Anti Power Theft, District Gorakhpur, pending in the Court of Special Judge E.C. Act, Gorakhpur, are hereby quashed, subject to deposition of compounding charges by the applicant before the Department within one month from the date of receipt of a copy of this order. The applicant is directed to file a copy of the receipt of the payment of compounding charges before the trial court, and the trial court shall verify the same from the Department. Failing to comply with the terms of this order, the trial court shall proceed in accordance with law. 6. Accordingly, the application stands disposed of. Order Date :- 9.1.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad