Allahabad High Court
RAJESH MISHRAversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court declined to quash the FIR but ordered the petitioner to deposit the compounding amount, file an application under Section 152 for compounding, and stayed his arrest pending such filing.
Summary
Petitioner Rajesh Mishra filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash an FIR dated 06.11.2024 registered under Section 135 of the Indian Electricity (Amendment) Act, and a mandamus to prevent his arrest. The petitioner later withdrew the request to quash the FIR and instead asked for directions to compound the alleged offence. The Court declined to entertain the quash relief but directed the petitioner to deposit the prescribed compounding amount with the Power Corporation within one month and to file an application under Section 152 of the Electricity Act for compounding before the trial court. The Court also stayed the petitioner’s arrest pending the filing of the compounding application. The directions are conditional on compliance; failure to comply will vacate the interim protection and the petition is disposed with the said directions.
Issues considered
- Whether the FIR registered under Section 135 of the Indian Electricity (Amendment) Act can be quashed by a writ petition.
- Whether the petitioner is entitled to a stay of arrest pending compounding of the offence.
- Whether the High Court can direct the petitioner to deposit a compounding amount and file an application under Section 152 of the Electricity Act.
Legislation cited
- Electricity Act — s. 152
- Indian Electricity (Amendment) Act — s. 135
Subjects
- electricity theft
- FIR quash
- compounding of offence
- stay of arrest
- Section 135
- Section 152
- high court writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 1899 of 2026
Rajesh Mishra
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandan Kumar Chaturvedi
Counsel for Respondent(s) : Chetan Chatterjee, G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE TARUN SAXENA, J.
The petitioner has sought for the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated
06.11.2024, which has been registered as Case Crime No. 2030 of 2024, under Section
135 of Indian Electricity (Amendment) Act at Police Station Anti Power Theft,
District Azamgarh (Annexure No. 1 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus directing to the
respondent authorities not to arrest and harass the petitioner in pursuance of the
impugned FIR dated 06.11.2024, which has been registered as Case Crime No. 2030
of 2024, under Section 135 Indian Electricity (Amendment) Act at Police Station-
Anti Power Theft, District Azamgarh."
Sri Chandan Kumar Chaturvedi, learned counsel for the
petitioner submits that the petitioner does not wish to press the
relief for quashing of the F.I.R. in the writ petition.
The relief sought for quashing of the F.I.R. is accordingly
declined.
Sri Chandan Kumar Chaturvedi, learned counsel for the
petitioner recasts his relief and submits that the petitioner may
be permitted to file an application before the learned trial court
for compounding of the offence and tendering the relevant
documents after depositing the compounding amount before the
CRLP No. 1899 of 2026
2
authority of the Power Corporation. However he seeks leave to
contest the recovery/demand on merits before the appropriate
forum.
Sri Chetan Chatterjee, learned counsel for the Electricity
Department submits that the respondents have no objection if the
petitioner deposits the compounding amount before the
Electricity Department.
In wake of the preceding discussion the following directions are
issued in the interest of justice:
I. The petitioner shall deposit the compounding amount before
the Power Corporation within a period of one month.
II. After depositing the aforesaid amount, the petitioner shall file
an application under Section 152 of the Electricity Act for
compounding of offence before the learned trial court along with
receipts evidencing deposit of the compounding amount within a
further period of one month.
III. In case the aforesaid application and relevant documents are
submitted within the aforesaid time period, the learned trial court
shall pass appropriate orders in accordance with law.
IV. Till the decision of the aforesaid application for
compounding of the offence the arrest of the petitioner pursuant
to F.I.R. dated 06.11.2024 in Case Crime No. 2030 of 2024
under Section 135 of Indian Electricity (Amendment) Act,
Police Station Anti Power Theft, District Azamgarh, shall
remain stayed.
V. It shall always be open for the petitioner to assail the
recovery/demand made upon him under the appropriate
provisions of law.
It is clarified that in case the petitioner fails to deposit the
aforesaid amount and file said application within the time
CRLP No. 1899 of 2026
3
stipulated above or fails to cooperate in the trial proceedings,
this interim protection shall stand vacated without recourse to
this Court. The learned trial court shall record a finding to this
effect, and thereafter proceed in accordance with law.
The writ petition is disposed of with the aforesaid directions.
(Tarun Saxena,J.) (Ajay Bhanot,J.)
February 5, 2026
SK Srivastava
Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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