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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34482 of 2025 Court No. - 77 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. 2228 of 2019 (State vs. Vijay Singh) arising out of Case Crime No. 242 of 2017, under section 138(1)(b) of Indian Electricity Act, P.S. Atarsuiya, District- Prayagraj, pending in the court of learned Special Judge (E.C. Act)/4th Additional Sessions Judge, Allahabad/Prayagraj including the charge-sheet dated 19.04.2018 as well as cognizance/summoning order dated 29.06.2019. 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. 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. 2228 of 2019 (State vs. Vijay Singh) arising out of Case Crime No. 242 of 2017, under section 138(1)(b) of Indian Electricity Act, P.S. Atarsuiya, District- Prayagraj, pending in the court of learned Special Judge (E.C. Act)/4th Additional Sessions Judge, Allahabad/Prayagraj including the charge-sheet Versus Counsel for Applicant(s) : Ram Babu Singh Counsel for Opposite Party(s) : G.A. Vijay Singh .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
dated 19.04.2018 as well as cognizance/summoning order dated 29.06.2019, 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. 242 of 2017, under section 138(1)(b) of Indian Electricity Act, P.S. Atarsuiya, 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. September 10, 2025 #Vik/- NA528 No. 34482 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad