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2025 DAILYLAW 88759 (ALL)

DEV BHATNAGAR v. STATE OF U.P. AND 2 OTHERS

A482/28328/2024 · 2025-07-10

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111638 Court No. - 77 Case :- APPLICATION U/S 482 No. - 28328 of 2024 Applicant :- Dev Bhatnagar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- Baleshwar Chaturvedi,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. Even in revised call, none appeared on behalf of Electricity Department. 2. The instant application has been preferred for quashing the entire criminal proceedings of Special Trial No.3429 of 2019 (State vs. Dev Bhatnagar) arising out of Case Crime No.186 of 2019, under section 135 of Electricity Act, P.S. Dauki, District- Agra, pending in the court of learned Additional Session Judge/Special Judge (E.C. Act), Court No.4, Agra including the charge-sheet dated 10.07.2019 and cognizance order dated 09.08.2019. 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. has no objection over the prayer as 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 Special Trial No.3429 of 2019 (State vs. Dev Bhatnagar) arising out of Case Crime No.186 of 2019, under section 135 of Electricity Act, P.S. Dauki, District- Agra, pending in the court of learned Additional Session Judge/Special Judge (E.C. Act), Court No.4, Agra including the charge-sheet dated 10.07.2019 and cognizance order dated 09.08.2019, are hereby quashed, subject to the following conditions:- (a) The applicant shall deposit the compounding charges to the Electricity Department within 45 days 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.186 of 2019, under section 135 of Electricity Act, P.S. Dauki, District- Agra 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 :- 11.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad