Chakra Pani Bhatt and Another Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Chakra Pani Bhatt and Another Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Criminal Case No.2292 of 2024, subject to deposition of compounding charges by the applicant before the Department within one month and furnishing of the payment receipt to the trial court for verification

Issue for consideration

Whether the charge sheet dated 25.1.2024 and the cognizance/summoning order dated 31.8.2024, and thereby the entire proceedings of Criminal Case No.2292 of 2024 arising out of Case Crime No.328 of 2022 (ss. 135, 136, 137, 138 Electricity Act), are liable to be quashed.

Ratio / Principle

The entire proceedings of Criminal Case No.2292 of 2024 (Case Crime No.328 of 2022) are quashed, subject to the applicant depositing the compounding charges before the Department within one month from the date of receipt of a copy of the order.

Key takeaways

Compliance mechanism: the applicant is to file the payment receipt of the compounding charges before the trial court, which shall verify it from the Department; on failure to comply, the trial court shall proceed in accordance with law (i.e., the quashed proceedings revive).ratio¶5

Detailed headnote1 paragraphs

Application u/s 528 BNSS by Chakra Pani Bhatt and another seeking quashal of the charge sheet dated 25.1.2024 and the cognizance/summoning order dated 31.8.2024 passed by the Additional Sessions Judge/Special Judge (E.C. Act), Aligarh in Criminal Case No.2292 of 2024, arising out of Case Crime No.328 of 2022 under sections 135, 136, 137, 138 of the Electricity Act, Police Station Mahua Khera, District Aligarh. Counsel for the applicants stated that the applicants were ready to pay the compounding charges to the Department within one month, and counsel for the Electricity Department raised no objection. The Court quashed the entire proceedings subject to deposition of the compounding charges within one month of receipt of a copy of the order, directed the applicant to file the payment receipt before the trial court for verification from the Department, and provided that on default the trial court shall proceed in accordance with law. Application disposed of.

Neutral Citation No. - 2025:AHC:30627

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 5651 of 2025

Applicant :- Chakra Pani Bhatt And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Himanshu Kumar,Tanisha Jahangir Monir Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

Heard learned counsel for the applicants, 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 25.1.2024 and the impugned cognizance/summoning order dated 31.8.2024 passed by learned Additional Sessions Judge/Special Judge E.C. Act, Aligarh in Criminal Case No.2292 of 2024, arising out of Case Crime No.328 of 2022, under sections 135, 136, 137, 138 of the Electricity Act, Police Station Mahua Khera, District Aligarh.

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 Criminal Case No.2292 of 2024, arising out of Case Crime No.328 of 2022, under sections 135, 136, 137, 138 of the Electricity Act, Police Station Mahua Khera, District Aligarh 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 :- 3.3.2025 Anil K. Sharma

Justice Vinod Diwakar

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