Allowed

Mukesh v. State of U.P. and 2 Others

Allahabad HC17 Oct 2024A482/27092/2024

Case brief

AI extract

What is this about?

Single judge of the Allahabad High Court allowed an Application under Section 482 CrPC by Mukesh to quash Special Case No. 721 of 2019 regarding electricity theft. The Court granted the prayer subject to the applicant depositing compounding charges within one month before the Electricity Department.

What did the court decide?

Quashed proceedings under Electricity Act subject to deposit of compounding charges within one month.

Mukesh vs State of U.P. and 2 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:180485

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 27092 of 2024 Applicant :- Mukesh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- Abhishek Srivastava,G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned counsel for the Electricity Department, and perused the material on record.

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The instant application has been preferred with the prayer to quash the impugned cognizance/summoning order dated 21.5.2024 and the order of issuing bailable warrant dated 21.5.2024 as well as entire proceedings of Special Case No.721 of 2019, under section 135(1)(a) of the Electricity Act, Police Station Anti Power Theft, District Gautam Budh Nagar, pending in the court of learned Additional District and Sessions Judge-V, Gautam Budh Nagar.

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Learned counsel for the applicant states that the applicant is ready to pay the compounding charges before the Department within one month. Therefore, the impugned proceedings are liable to be quashed.

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Learned counsel for the Electricity Department has no objection to the aforesaid prayer.

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In view of the submissions made above, the entire proceedings of Special Case No.721 of 2019, under section 135(1)(a) of the Electricity Act, Police Station Anti Power Theft, District Gautam

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Budh Nagar are quashed, subject to deposition of compounding charges by the applicant before the Department, within one month from the date of receipt of a copy of this order. The applicant is directed to file a copy of the receipt of the payment of compounding charges before the trial court, and the trial court shall verify the same from the Department. Failing to comply with the terms of this order, the trial court shall proceed in accordance with law.

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Accordingly, the application stands disposed of.

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Order Date :- 18.11.2024 Anil K. Sharma

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Justice Vinod Diwakar

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Mukesh v. State of U.P. and 2 Others

Case brief

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Mukesh v. State of U.P. and 2 Others

Case brief

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