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Neutral Citation No. - 2025:AHC:145471 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29730 of 2025 Applicant :- Jooly Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ram Babu Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Ram Babu Singh, learned counsel for applicant, learned A.G.A. for State and Sri Rakesh Kumar Mishra holding brief of Sri Narendra Kumar Tiwari, learned counsel for Electricity Department.
2. The instant application has been preferred for quashing the entire proceeding of Special Session Trial no. 436 of 2024 (State vs. Jooly) arising out of Case Crime no. 400 of 2021 under Section 135-1(a) Electricity Act, PS- Anti-Power Theft, District Prayagraj, pending in court of Special Judge (E.C. Act), Allahabad as well as charge sheet dated 05.12.2023 along with cognizance order dated 02.02.2024 passed by Special Judge (E.C. Act), Allahabad.
3. Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding fee/charges before the Electricity Department. Therefore, on this ground, the applicant prays for quashing of the impugned proceedings.
4. Learned A.G.A. as well as learned counsel for the Electricity Department have no objection over the prayer made by the applicant's counsel.
5. In view of the submissions made by both the parties and considering the nature of offence, instant application is hereby
disposed of with following directions: (a) The applicant shall deposit the compounding charges to the Electricity Department within one month from today. (b) Upon payment, the applicant shall file a copy of the payment receipt before the trial court. The trial court shall thereafter verify the same from the Electricity Department.
(c) After the verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding arising out of Special Session Trial no. 436 of 2024 (State vs. Jooly) arising out of Case Crime no. 400 of 2021 under Section 135-1(a) Electricity Act, PS- Anti-Power Theft, District Prayagraj shall immediately be closed only in respect of applicant herein and consigned to record. (d) In case of non-compliance, the trial court shall be at liberty to proceed in accordance with law. (e) So far as realization of the electricity dues are concerned, the Electricity Department shall be at liberty to realize the same in accordance with law.
Order Date :- 22.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad