Mohd Abbas Khan vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Mohd Abbas Khan vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the charge sheet dated 20.10.2019, the cognizance order dated 12.10.2020 and the entire proceedings of Case No.643 of 2020, subject to the applicant depositing the compounding charges before the Department within one month, with the payment receipt to be filed before and verified by the trial court.

Issue for consideration

Whether the charge sheet dated 20.10.2019, the cognizance order dated 12.10.2020 and the entire proceedings of Case No.643 of 2020, arising out of Case Crime No.264 of 2019 under section 135 of the Electricity (Amended) Act, 2003, pending before the Additional Sessions Judge, Farrukhabad, are liable to be quashed. +1 more

Ratio / Principle

The entire proceedings of Case No.643 of 2020, arising out of Case Crime No.264 of 2019 under section 135 of the Electricity (Amended) Act, 2003, pending before the Additional Sessions Judge, Farrukhabad, 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 the order.

Key takeaways

The applicant is directed to file a copy of the receipt of payment of the compounding charges before the trial court, and the trial court shall verify the same from the Department.ratio¶11
In case of failure to comply with the terms of the order, the trial court shall proceed in accordance with law.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Vinod Diwakar, J.) disposed of the Section 482 application by quashing the charge sheet dated 20.10.2019, the cognizance order dated 12.10.2020 and the entire proceedings of Case No.643 of 2020 (State v. Mohd. Abbas Khan), arising out of Case Crime No.264 of 2019 under section 135 of the Electricity (Amended) Act, 2003, Police Station Compil, District Farrukhabad, pending before the learned Additional Sessions Judge, Farrukhabad. The quashing was made subject to the applicant depositing the compounding charges before the Department within one month from receipt of a copy of the order; the applicant was directed to file the payment receipt before the trial court, which was to verify it from the Department, failing which the trial court was to proceed in accordance with law. Counsel for the Electricity Department had no objection to the prayer.

Neutral Citation No. - 2025:AHC:18989

Court No. - 76

Case :- APPLICATION U/S 482 No. - 3855 of 2025

Applicant :- Mohd Abbas Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atiqur Rahman Siddiqui,Wasi Abbas Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

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

The instant application has been preferred with the prayer to quash the charge sheet dated 20.10.2019 and cognizance order dated 12.10.2020 as well as entire proceedings of Case No.643 of 2020 titled State v. Mohd. Abbas Khan, arising out of Case Crime No.264 of 2019, under section 135 of the Electricity (Amended) Act, 2003, Police Station Compil, District Farrukhabad, pending in the court of learned Additional Sessions Judge, Farrukhabad.

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.

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

In view of the submissions made above, the entire proceedings of Case No.643 of 2020 titled State v. Mohd. Abbas Khan, arising out of Case Crime No.264 of 2019, under section 135 of the Electricity (Amended) Act, 2003, Police Station Compil, District

Farrukhabad, pending in the court of learned Additional Sessions Judge, Farrukhabad 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.

Accordingly, the application stands disposed of.

Order Date :- 7.2.2025 Anil K. Sharma

Justice Vinod Diwakar

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