Allahabad High Court
SAURABH TIGORIA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court ordered that the applicants must move a compounding application within two weeks, granting interim protection for two months, and disposed of the Section 528 application.
Summary
The applicants, Saurabh Tigoria and another, filed an application under Section 528 of the BNSS seeking to set aside the cognizance and charge sheet in a special trial under the Electricity Act (Amendment) 2023 and several IPC provisions. They argued that the offence is compoundable and were ready to settle, requesting time to approach the authority under Section 152 of the Electricity Act. The Power Corporation and the Additional Government Advocate had no objection to compounding. The Court held that keeping the application pending would serve no useful purpose and directed the applicants to file a compounding application within two weeks, attaching a certified copy of this order. An interim protection from coercive action was granted for two months or until the application is disposed, whichever is earlier, and would lapse on default. The application was finally disposed.
Issues considered
- Whether the application under Section 528 BNSS for quashing the cognizance and charge sheet can be entertained when the offence is compoundable under the Electricity Act.
- Whether interim protection can be granted to the applicants pending compounding of the offence.
Legislation cited
- BNSS Act — s. 528
- Electricity Act (Amendment) 2023 — s. 135, 138(1)b, 152
- Indian Penal Code — s. 323, 332, 353, 504
Subjects
- compounding
- Section 528 BNSS
- interim protection
- Electricity Act
- criminal procedure
- special trial
- charge sheet
- cognizance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36958 of 2026
Saurabh Tigoria And Another
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gulab Chandra Tiwari, K.K. Mansur,
Prateek Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for applicants, Shri Baleshwar Chaturvedi,
learned counsel counsel for the Power Corporation, as well as learned
A.G.A. for the State and perused the material brought on record.
2. This application under Section 528 BNSS has been filed with the
prayer to set aside the cognizance/ summoning order dated 17.05.2019 as
well as for quashing of charge sheet dated 24.01.2019 including the entire
proceeding of Special Trial No. 2278 of 2019, State Vs. Saurabh Tigoriya
and others, arising out of Case Crime No. 963 of 2018, under Section 135/
138(1)b of Electricity Act (Amendment) 2023 and under Sections 332,
353, 323, 504 I.P.C., Police Station Malpura, District Agra, pending in the
court of learned Additional Sessions Judge/ Special Judge (E.C. Act),
Court No. 4, Agra.
3. Learned counsel for the applicants submits that since offence in
question is compoundable and the applicants are ready to settle the matter,
therefore, some time may be granted to them for the said purpose and to
approach the authority concerned under Section 152 of the Electricity
Act.
4. Learned counsel for the Power Corporation as well as learned A.G.A.
has no objection, if the offence is compounded under the relevant
provision of the Electricity Act.
5. Having regard to the facts and circumstances of case and having
considered the submissions made by learned counsel for parties and
keeping in view the willingness shown by learned counsel for applicant,
this Court is of the view that no useful purpose would be served by
keeping this application pending.
6. In view of above, it is provided that in case, the applicants move an
NA528 No. 36958 of 2026
2
application for compounding under the relevant provisions of Electricity
Act before the concerned authority within two weeks from today along
with the certified copy of this order before the authority concerned, the
same shall be considered and decided by the authority concerned as
expeditiously as possible in accordance with law, preferably within a
period of six weeks months from the date of production of same after
hearing the parties concerned.
7. For a period of two months or till the disposal of said application,
whichever is earlier, no coercive action shall be taken against applicants
in the aforesaid case.
8. In case of default on the part of applicants, interim protection granted
to applicants shall automatically come to an end.
9. With the aforesaid observations, this application stands finally
disposed of.
(Dr. Gautam Chowdhary,J.)
September 14, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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