Sajjad Ali Alias Sajjad Hussain vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:60117

Court No. - 74

Case :- APPLICATION U/S 482 No. - 2516 of 2025

Applicant :- Sajjad Ali Alias Sajjad Hussain Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.M. Iqbal Hasan Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari

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Hon'ble Saurabh Srivastava,J.

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Instructions preferred by learned counsel for opposite party no. 3 is take on record.

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Heard Sri Syed Mohammad Iqbal Hasan, learned counsel appearing for applicant and Sri Narendra Kumar Tiwari, learned counsel appearing for opposite party no. 3 i.e Electricity Department/Power Corporation, U.P. and learned AGA for State.

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Present application has been preferred with the prayer to quash the entire criminal proceeding as well as N.B.W order dated 12.12.2024 in Special Session Trial no. 291/2013, Sajjad Hussain vs. State of U.P. and another (arising out of Case Crime no. 205/2012) under Section 138(b) of Electricity Act, 2003, PSKareily, District Prayagraj pending in the court of learned Special Judge, E.C. Act, Allahabad.

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Learned counsel for applicant submitted that initially a FIR has been registered at Case Crime no. 205 of 2012 in pursuance to Section 138(b) of Electricity Act, 2003, since the offence under Section 138(b) of Electricity Act was compoundable and as such after obtaining the final assessment in shape of Rs.26,000/- along with compounding fee to the tune of Rs.8,000/- the same has already been deposited and the same was accepted by opposite party no. 3 thereafter matter has been referred to permanent Lok Adalat and in absence of applicant non-bailable warrant have been issued on dated 12.12.2024.

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It is also submitted by learned counsel for applicant that for his livelihood the applicant went abroad and in absence of applicant, it is the wife of the applicant who preferred an application before learned court concerned by way of revealing all the facts which is not disputed by learned counsel appearing for opposite party no. 3 that the entire payment has already been made and the same is

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crystal clear with the instructions received by learned counsel appearing for opposite party no. 3 vide letter dated 01.02.2025 that entire final assessment along with compounding fee has already been paid and there is hardly any dues pending against the applicant.

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Order dated 12.12.2024 passed by learned Special Judge, E.C. Act/Additional Sessions Judge, Prayagraj in Special Sessions Trial no. 291 of 2013 (State vs. Sajjad Hussain) arising out of Case Crime no. 205 of 2012 in shape of rejecting the application preferred at the behest of applicant by his wife which was only for apprising the facts of the matter which is in shape of seeking exoneration of the applicant in pursuance to Section 152(2) of Electricity Act, 2003 wherein, it has been specifically mentioned that on payment of sum of money in accordance with sub-section 1 of Section 152, any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court.

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Learned counsel appearing on behalf of opposite party no. 3 did not disputed the fact that entire final assessment in shape of Rs.26,000/- along with compounding fee to the tune of Rs.8,000/has already been deposited and the recurring current bill is duly being paid by the consumer.

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In view of aforementioned facts and circumstances, impugned order dated 12.12.2024 seems to be redundant and no proceeding is warranted to be continued in pursuance to Case Crime no. 205/2012 under Section 138(b) of Electricity Act, 2003, PSKareily, District Prayagraj only in respect of applicant.

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The instant application is hereby allowed . Entire proceeding arising out of Case Crime no. 205/2012 under Section 138(b) of Electricity Act, 2003, PS- Kareily, District Prayagraj is hereby set aside only in respect of applicant.

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Order Date :- 22.4.2025

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Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Sajjad Ali Alias Sajjad Hussain v. State of U.P. and Another

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Sajjad Ali Alias Sajjad Hussain v. State of U.P. and Another

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