RAJU SRIVASTAVA @ RAJU PRASAD v. STATE OF U.P. AND 2 OTHERS
A482/32033/2024 · 2025-07-07
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 94568 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 94568 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:107986 Court No. - 77 Case :- APPLICATION U/S 482 No. - 32033 of 2024 Applicant :- Raju Srivastava @ Raju Prasad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Qamrul Hasan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant and learned A.G.A. for State. No one appeared on behalf of Electricity Department even in the revised call.
2. Although time was granted to learned counsel appearing on behalf of Electricity Department to prefer counter affidavit/response but till today, same has not been preferred. No fruitful purpose will be served by way of keeping this matter pending due to non filing of counter affidavit and passing order in favour of learned counsel appearing on behalf of Electricity Department time and again.
3. The instant application has been preferred for quashing of chargesheet dated 10.12.2022 as well as cognizance and summoning order dated 09.05.2024 along with entire proceedings of Special Case No.332 of 2024 (State vs. Raju Srivastava @ Raju Prasad) arising out of Case Crime No.316 of 2020, under section 135 of Electricity Act, P.S. A.P.T., District- Banda, pending in the court of learned Special Judge (E.C. Act)/Additional Sessions Judge, Banda.
4. Learned counsel for the applicant has submitted that applicant is ready and willing to deposit the compounding fee/charges before the Electricity Department and as such, on that ground, entire proceedings of the present case may be quashed.
5. Learned A.G.A. has no objection over the prayer made by
learned counsel for applicant.
6. In view of the submissions made by both the parties and considering the nature of offence, chargesheet dated 10.12.2022 as well as cognizance and summoning order dated 09.05.2024 along with entire proceedings of Special Case No.332 of 2024 (State vs.
Raju Srivastava @ Raju Prasad) arising out of Case Crime No.316 of 2020, under section 135 of Electricity Act, P.S. A.P.T., District- Banda, pending in the court of learned Special Judge (E.C. Act)/Additional Sessions Judge, Banda, 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 learned trial court. Learned trial court shall thereafter verify the same from the Electricity Department. (c) After verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding arising out of Case Crime No.316 of 2020, under section 135 of Electricity Act, P.S. A.P.T., District- Banda shall immediately be closed and consigned to record. (d) In case of non-compliance, learned 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.
7. With the aforesaid directions, the application stands disposed of.
Order Date :- 8.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad