Ashutosh Yadav vs State Of U.P. And Another on 6 October, 2025

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Allahabad High Court

Ashutosh Yadav vs State Of U.P. And Another on 6 October, 2025

Bench: Saurabh Srivastava





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:176663
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 38281 of 2025   
 
   Ashutosh Yadav    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Gauri Shankar Yadav   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
Chetan Chatterjee, G.A.   
 
     
 
 Court No. - 77
 
   
 
 HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Chetan Chatterjee, learned counsel for Electricity Department.

2. The instant application has been preferred for quashing the summoning order dated 18.07.2025 and entire proceedings of Special Case no. 255 of 2025 (State vs. Ashutosh Yadav) arising out of Case Crime no. 218 of 2022, under Section 135 Electricity Act, PS- Anti Power Theft, District Azamgarh, pending in the court of learned Special Judge (E.C. Act), Azamgarh.

3. Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding fee/charges before the Electricity Department. Therefore, on this ground, the applicant prays for quashing of the impugned proceedings.

4. Learned A.G.A. as well as learned counsel for the Electricity Department have no objection over the prayer made by the applicant's counsel.

5. In view of the submissions made by both the parties and considering the nature of offence, instant application is hereby disposed of with following directions:

(a) The applicant shall deposit the compounding charges to the Electricity Department within one month from today.

(b) Upon payment, the applicant shall file a copy of the payment receipt before learned trial court concerned which shall be verified from the Electricity Department by learned court concerned.

(c) After verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding arising out of Special Case no. 255 of 2025 (State vs. Ashutosh Yadav) arising out of Case Crime no. 218 of 2022, under Section 135 Electricity Act, PS- Anti Power Theft, District Azamgarh, shall immediately be closed only in respect of applicant herein and consigned to record.

(d) In case of non-compliance, learned trial court concerned shall be at liberty to proceed in accordance with law.

(e) So far as realization of the electricity dues are concerned, the Electricity Department shall be at liberty to realize the same in accordance with law.

(Saurabh Srivastava,J.) October 6, 2025 Vivek Kr.

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Allahabad High Court