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Neutral Citation No. - 2025:AHC:134020 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28772 of 2025 Applicant :- Suman Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sanjay Dwivedi,Sanjay Prakash Tiwari Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey Hon'ble Saurabh Srivastava,J.
1. Heard Sri Sanjay Dwivedi, learned counsel for applicant and Sri Sheikh Sultan Momeen holding brief of Sri Sushil Kumar Pandey, learned counsel for Electricity Department.
2. Present application has been preferred with prayer to quash charge sheet dated 22.07.2018 submitted by Investigating Officer, cognizance/summoning order dated 03.12.2018 passed by learned Additional Session Judge/Special Judge, E.C. Act, Mirzapur as well as entire proceeding of S.T. no. 823 of 2018 (State vs. Suman Devi) arising out of Case Crime no. 204 of 2018 under Section 135 of Electricity Act, PS- Kotwali City, District Mirzapur pending in court of learned Additional Session Judge/Special Judge, E.C. Act, Mirzapur.
3. The initial argument raised by learned counsel for the applicant is that entire dues along with compounding fee whatsoever has been alleged to be paid by the applicant, has already been paid and same has not been denied by learned counsel for Electricity Department.
4. In view of aforementioned facts and circumstances, on the basis of the statement recorded by Sri Sheikh Sultan Momeen, learned counsel for Electricity Department, once the offence mentioned in pursuance to Case Crime no. 204 of 2018 has already been compounded in shape of deposition of entire amount with compoundable fee, there is hardly any justification to continue with the proceedings pending before learned court of Additional Session Judge/Special Judge, E.C. Act, Mirzapur in shape of S.T. no. 823 of 2018 (State vs. Suman Devi) arising out of Case Crime no. 204 of 2018 under Section 135 of Electricity Act, PS- Kotwali City, District Mirzapur and as such entire proceeding arising out of S.T. no. 823 of 2018 is hereby quashed and set aside only in respect of applicant herein.
5. The application u/s 528 BNSS stands allowed accordingly. Order Date :- 7.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad