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2025 DAILYLAW 8764 (ALL)

SHIVANAND v. STATE OF U.P. AND 3 OTHERS

NA528/5389/2025 · 2025-02-19

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25146 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5389 of 2025 Applicant :- Shivanand Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arvind Kumar Srivastava,Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Baleshwar Chaturvedi, learned counsel for the Electricity Department. 2. The present application has been filed with a prayer to quash the impugned charge sheet No.69 of 2024, dated 13.02.2024 and impugned cognizable order dated 20.03.2024 passed by the learned Additional District and Sessions Judge/ Special Judge (Essential Commodities Act), District Etawah as well as entire proceeding of Special Case No.444 of 2021, under Section 135 of Indian Electricity Act (Amendment) 2003, P.S. Anti Power Theft Thana Etawah, District Anti Power Theft, pending in the court of learned Additional District and Sessions Judge/ Special Judge (Essential Commodities Act), District Etawah. 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 impugned charge sheet No.69 of 2024, dated 13.02.2024 and impugned cognizable order dated 20.03.2024 passed by the learned Additional District and Sessions Judge/ Special Judge (Essential Commodities Act), District Etawah as well as entire proceeding of Special Case No.444 of 2021, under Section 135 of Indian Electricity Act (Amendment) 2003, P.S. Anti Power Theft Thana Etawah, District Anti Power Theft, pending in the court of learned Additional District and Sessions Judge/ Special Judge (Essential Commodities Act), District Etawah 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 :- 20.2.2025 Jitendra Justice Vinod Diwakar Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad