Patna High Court
SHARAD CHANDRA SARRAFversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing was not allowed; the petitioner was directed to seek compounding under Section 152 of the Electricity Act and the lower court proceedings were stayed for one month.
Summary
The petitioner, Sharad Chandra Sarraf, filed an application seeking to quash the entire proceeding of Special Case No. 422 of 2015 (Kadamkuan PS Case No. 534 of 2015) and the order taking cognizance dated 19‑04‑2016 under Section 135 of the Electricity Act. He contended that he had deposited the full amount demanded by the electricity company and that the offence could be compounded by the company. The Court noted that the petitioner could approach the competent authority of the electricity company under Section 152 of the Electricity Act for compounding the offence. Accordingly, the Court disposed of the application, granting the petitioner liberty to file such a request within one week and directing a stay of the lower court proceedings for one month. The competent authority was directed to consider the compounding application within a month and to conclude the proceedings expeditiously.
Issues considered
- Whether the proceeding under Section 135 of the Electricity Act can be quashed on the ground that the amount has been paid and the offence may be compounded.
- Whether the petitioner is entitled to a stay of the lower court proceedings pending compounding of the offence.
Legislation cited
- Electricity Act — s. 135, 152
Subjects
- Electricity Act
- Section 135
- Section 152
- Compounding of offence
- Quash proceedings
- Stay of proceedings
- Special Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15674 of 2020
Arising Out of PS. Case No.-534 Year-2015 Thana- KADAMKUAN District- Patna
======================================================
Sharad Chandra Sarraf S/O Vijay Shankar Verma @ Rajesh Chandra Saraf
Resident Of Sukhsagar Vatika, Bans Kothi, D. N. Das Lane, Langartoli, P.S.-
Kadamkuan, Distt- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The CMD, Bihar State Power Holding Company Ltd. Vidyut Bhawan,
Bailey Road, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Jha
For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam
Mr. Deepak Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 29-01-2026 Heard the parties.
2. This application has been filed for quashing of the
entire proceeding of Special Case No. 422 of 2015 (Kadamkuan
P.S. Case No. 534 of 2015) including the order taking
cognizance dated 19.04.2016 under Sections 135 of the
Electricity Act, passed by the Presiding Officer, Special Court,
PESU Area, Patna.
3. Learned counsel for the petitioner submits that the
petitioner has deposited the entire amount demanded by the
Electricity company and the offence may be compounded by the
Electricity company.
4. In these circumstances, this application is disposed
Patna High Court CR. MISC. No.15674 of 2020(6) dt.29-01-2026
2/2
of with liberty to the petitioner to approach the competent
Authority of the Electricity Company within one week under
Section 152 of the Electricity Act for consideration of
compounding of the offence.
5. If such an application is filed before the competent
Authority by the petitioner, the same shall be considered by the
competent Authority within one month of its filing and conclude
the proceedings expeditiously.
6. Further proceedings of the concerned Court below
in connection with Kadamkuan P.S. Case No. 534 of 2015 shall
remain stayed for one month.
(Sandeep Kumar, J)
Shishir/-
U T
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