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2025 DAILYLAW 87235 (ALL)

NASEEM AHMAD v. STATE OF UP AND 2 OTHERS

NA528/31044/2025 · 2025-08-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145620 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 31044 of 2025 Applicant :- Naseem Ahmad Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Kamal Singh Yadav Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the entire criminal proceedings of Case No.899 of 2020 (State vs. Nasim Ahmad) arising out of Case Crime No.246 of 2019, under section 138(1)(b) of Indian Electricity Act, P.S. Shahganj, District- Prayagraj, pending in the court of learned Special Judge (E.C. Act), Allahabad, including the charge-sheet no.210 of 2019 dated 03.10.2019 and cognizance/summoning order dated 01.02.2020. 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. It is further prayed that the amount which had already been paid by the applicant may be adjusted in the compounding fee. 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, the entire proceedings in shape of Case No.899 of 2020 (State vs. Nasim Ahmad) arising out of Case Crime No.246 of 2019, under section 138(1)(b) of Indian Electricity Act, P.S. Shahganj, District- Prayagraj, pending in the court of learned Special Judge (E.C. Act), Allahabad, including the charge-sheet no.210 of 2019 dated 03.10.2019 and cognizance/summoning order dated 01.02.2020, are hereby quashed, subject to the following conditions:- (a) The applicant shall deposit the compounding charges to the Electricity Department within one month from the date of receipt of copy of this order. (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 Case Crime No.246 of 2019, under section 138(1)(b) of Indian Electricity Act, P.S. Shahganj, District- Prayagraj shall immediately be closed 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, the Electricity Department shall be at liberty to realize the same in accordance with law. 6. With the aforesaid directions, the application stands disposed of. Order Date :- 22.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad