Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37301 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Ishan Mishra, Advocate holding brief of Sri Manu Ghildyal, learned counsel for Electricity Department.
2. The instant application has been preferred for quashing the entire proceedings of Session Case No.832 of 2021 (State vs. Prabhakar) arising out of Case Crime No.53 of 2020, under section 138 of Electricity Act, 2003, P.S. Kotwali Chhibramau, District- Kannauj, including charge-sheet no.66 of 2020 dated 30.01.2020 as well as cognizance/summoning order dated 02.03.2021 passed by learned Special Judge (Electricity Act), Kannauj.
3. At the very outset, learned counsel for applicant submits that the entire amount whatsoever has been due before the Electricity Department has already been paid by the applicant, which has not been disputed by learned counsel for Electricity Department. For substantiating his submissions,
learned counsel for applicant sought the attention of Court over the provisions of section 152 of Electricity Act, wherein it is clear that once the compounding along with other dues has already been paid, no criminal proceedings can be drawn against any person.
4. In view of above arguments as well as considering the facts and circumstances of the case, the entire proceedings initiated against the applicant in shape of Session Case No.832 of 2021 (State vs. Prabhakar) arising out of Case Crime No.53 of 2020, under section 138 of Electricity Act, 2003, P.S. Kotwali Chhibramau, District- Kannauj, including charge- Versus Counsel for Applicant(s) : Vinit Mishra Counsel for Opposite Party(s) : G.A., Manu Ghildyal Prabhakar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
sheet no.66 of 2020 dated 30.01.2020 as well as cognizance/summoning
order dated 02.03.2021 passed by learned Special Judge (Electricity Act), Kannauj, are hereby quashed.
5. The instant application stands allowed accordingly. September 24, 2025 Saif NA528 No. 37301 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad