Sandeep v. State of U.P. and Another

Allahabad HC3 Mar 2025A482/6741/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Vinod Diwakar, J.), 3.3.2025 — Application U/S 482 No. 6741 of 2025 (Sandeep v. State of U.P. and Another): conditional quashing of charge-sheet and cognizance order in electricity-theft case under Section 135 Electricity Act (case crime no. 253 of 2021, Greater Noida) upon payment of compounding charges; trial court directed to verify receipt and proceed per law on default.

What did the court decide?

Quashing of the charge-sheet dated 29.09.2021, the cognizance order dated 21.09.2022 and the entire proceedings of Case No. 1504 of 2022, conditional upon deposit of the compounding charges with the Electricity Department within three weeks and verification of the payment receipt by the trial court; on failure, proceedings to continue in accordance with law. ¶¶12

Sandeep vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge-sheet dated 29.09.2021, the cognizance order dated 21.09.2022 and the entire proceedings of Case No. 1504 of 2022 under Section 135 of the Electricity Act ought to be quashed in light of the applicant's stated readiness to pay the compounding charges to the Electricity Department.

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Court's answer

The charge-sheet dated 29.09.2021, the cognizance order dated 21.09.2022 and the entire proceedings of Case No. 1504 of 2022 (State v. Sandeep, case crime no. 253 of 2021, under Section 135 of the Electricity Act) are quashed, subject to the applicant depositing the compounding charges with the Electricity Department within three weeks from receipt of a copy of the order.

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Ratio / Principle

The applicant must file a copy of the receipt of payment of the compounding charges before the trial court, which shall verify the same from the Department; failing compliance with these terms, the trial court shall proceed in accordance with law.

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Detailed headnote1 paragraphs

Quashing — Section 482 Cr.P.C. — prosecution of applicant under Section 135 of the Electricity Act (case crime no. 253 of 2021, P.S. Knowledge Park, District Greater Noida) — applicant offered to pay compounding charges and Electricity Department raised no objection — charge-sheet dated 29.09.2021, cognizance order dated 21.09.2022 and entire proceedings of Case No. 1504 of 2022 quashed, conditional on deposit of compounding charges within three weeks — applicant to file payment receipt before trial court for verification from the Department — default: trial court to proceed in accordance with law — application disposed of.

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Neutral Citation No. - 2025:AHC:29077

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 6741 of 2025

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Applicant :- Sandeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Tiwari,Krishna Dev Mishra Counsel for Opposite Party :- G.A.,Tarun Agrawal

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the Electricity Department.

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The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 29.09.2021, cognizance order dated 21.09.2022 as well as entire proceedings of Case No. 1504 of 2022, titled State v. Sandeep, arising out of case crime no. 253 of 2021, under Section 135 of the Electricity Act, registered at P.S. Knowledge Park, District Greater Noida (Commissionerate Gautam Buddha Nagar).

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Learned counsel for the applicant states that the applicant is ready to pay the compounding charges before the Electricity Department within two weeks. 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 aforesaid submissions, the entire proceedings of charge-sheet dated 29.09.2021, cognizance order dated 21.09.2022 as well as entire proceedings of Case No. 1504 of 2022, titled State v. Sandeep, arising out of case crime no. 253 of 2021, under

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Section 135 of the Electricity Act, registered at P.S. Knowledge Park, District Greater Noida (Commissionerate Gautam Buddha Nagar), are hereby quashed, subject to deposit of compounding charges by the applicant before the Department within three weeks 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 :- 3.3.2025

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Shafique

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Justice Vinod Diwakar

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Sandeep v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sandeep v. State of U.P. and Another

Case brief

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