Allahabad High Court
JHARKHANDEY PRASADversusSTATE OF UTTAR PRADESH AND 5 OTHERS
- Decided
Holding
The Court ordered the petitioner to deposit Rs.20,000, file a compounding application under Section 152 of the Electricity Act, and stayed his arrest pending the outcome.
Summary
The petitioner, Jharkhandey Prasad, sought permission to compound an alleged offence under the Electricity Act by depositing a specified amount and filing an application before the trial court. The petitioner’s counsel requested that the court allow him to deposit Rs.20,000 with the U.P. Power Corporation and then seek compounding under Section 152 of the Electricity Act, while also contesting the demand on merits. The respondents, representing the State and U.P. Power Corporation, indicated that the compounding amount was Rs.20,000. The High Court directed the petitioner to deposit the amount within one month, file the compounding application within a further month, and stayed his arrest in the related criminal case pending the application. The Court also clarified that failure to comply would vacate the interim protection and the trial court would proceed accordingly.
Issues considered
- Whether the petitioner may be permitted to compound the offence under the Electricity Act by depositing the prescribed amount.
- Whether the arrest of the petitioner in the related criminal case should be stayed pending the compounding application.
Legislation cited
- Electricity Act, 2003 (Amendment) — s. 135, 152
Subjects
- compounding of offence
- Electricity Act
- Section 152
- Section 135
- stay of arrest
- interim relief
- high court
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 1933 of 2026
Jharkhandey Prasad
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pramod Kumar
Counsel for Respondent(s) : Chetan Chatterjee, G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE TARUN SAXENA, J.
Shri Pramod Kumar, 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 authority of the
U.P. Power Corporation. However he seeks leave to contest the
demand on merits before the appropriate forum.
According to Shri Chetan Chaterjee, learned counsel for U.P.
Power Corporation the compounding amount in the facts of this
case is of Rs. 20,000/-.
In wake of the preceding discussion the writ petition is disposed
of with the following directions:
I.The petitioner shall deposit Rs. 20,000/- towards compounding
amount before the competent authority of the U.P. 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
CRLP No. 1933 of 2026
2
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 in Case
Crime No.526 of 2025, under Section 135 of Electricity Act
(Amendment) 2003 Police Station -Anti Power Theft Thana,
District-Azamgarh, shall remain stayed.
V. It shall always be open for the petitioner to assail the 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
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.
February 12, 2026 (Tarun Saxena,J.) (Ajay Bhanot,J.)
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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