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2025 DAILYLAW 8501 (ALL)

ANIL CHAUHAN v. STATE OF U.P. AND 2 OTHERS

A482/2526/2025 · 2025-04-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60365 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2526 of 2025 Applicant :- Anil Chauhan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Gokaran Singh Counsel for Opposite Party :- Chetan Chatterjee,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Chetan Chatterjee, learned counsel for opposite party no.3. 2. The instant application under section 482 Cr.P.C. has been preferred for quashing the charge-sheet dated 14.02.2016, cognizance/summoning order dated 01.10.2022 passed by learned Additional Session Judge, F.T.C. 1/Special Judge (Electricity Act), Mau and the entire proceedings of Criminal Case No.638 of 2022 (State vs. Anil Chauhan) under section 138 of Electricity Act, 2003 arising out of Case Crime No.0121 of 2016, P.S. Doharighat, District- Mau, pending in the court of learned Chief Judicial Magistrate, Mau. 3. At the very outset, Mr. Chetan Chatterjee, learned counsel for opposite party no.3 apprised this Court that specific option has already been provided to the applicant from time to time after several disconnection proceeded at the behest of opposite party no.3 that whatever dues reflected after final assessment, the same is compoundable in nature and after deposition of compounding fee by the applicant, there will be no proceeding as per the procedure defined under section 152 of Electricity Act, 2003. 4. In response, the final assessment as made above is contradicted by learned counsel for the applicant and as such the entire matter will be tried by learned court concerned after receiving objection and other evidences/statement recorded at the behest of prosecution and the defence. 5. After hearing rival submission extended by learned counsel for the parties, it is crystal clear that this case raised through the complex matter of facts, which cannot be adjudicated while entertaining application under section 482 Cr.P.C. 6. The instant application stands dismissed accordingly. Order Date :- 22.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad