SUSHIL KUMAR AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
NA528/36600/2025 · 2025-10-05
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98553 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98553 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36600 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants, learned A.G.A. for State and Sri Narendra Kumar Tiwari, learned counsel for Electricity Department.
2. The instant application has been preferred for quashing of chargesheet dated 29.11.2017 and cognizance order dated 06.02.2019 and entire proceedings of Case no. 685 of 2019 (State vs. Sushil and another) arising out of Case Crime no. 451 of 2017, under Section 138(b) Electricity Act, PS- Kareli, District Prayagraj, pending in the court of learned 4th Additional Sessions Judge/Special Judge (E.C. Act), Allahabad.
3. Learned counsel for the applicants submits that the applicants are ready and willing to deposit the compounding fee/charges before the Electricity Department. Therefore, on this ground, the applicants prayed 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 applicants' counsel.
5. In view of the submissions made by both the parties and considering the nature of offence, instant application is hereby disposed of with following directions: (a) The applicants shall deposit the compounding charges to the Electricity Department within one month from today. (b) Upon payment, the applicants shall file a copy of the payment receipt before learned trial court concerned which shall be verified from the Electricity Department by learned court concerned. (c) After verification of deposition of compounding fee/charges by Versus Counsel for Applicant(s) : Ram Babu Singh Counsel for Opposite Party(s) : G.A., Narendra Kumar Tiwari Sushil Kumar And Another .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
Electricity Department, the entire proceeding arising out of Case no. 685 of 2019 (State vs. Sushil and another) arising out of Case Crime no. 451 of 2017, under Section 138(b) Electricity Act, PS- Kareli, District Prayagraj, shall immediately be closed and consigned to record. (d) In case of non-compliance, learned trial court concerned shall be at liberty to proceed in accordance with law. (e) So far as realization of the electricity dues are concerned, the Electricity Department shall be at liberty to realize the same in accordance with law. October 6, 2025 Vivek Kr. NA528 No. 36600 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad