MUVIN KHANversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 37657 of 2026

Muvin Khan
                                                            .....Applicant(s)
                                    Versus

State Of U.P. And 2 Others
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                     :   Rakesh Kumar Tiwari
Counsel for Opposite Party(s)                :   G.A.

Court No. - 75
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for applicant and Mr. Shri Baleshwar
Chaturvedi, learned 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 B.N.S.S. has been filed with the
prayer to set aside the cognizance order dated 14.08.2023 as well as for
quashing of the charge sheet dated 18.04.2023 including the entire
proceeding of Session Trial No. 980 of 2023, (State Vs. Muvin Khan),
arising out of Case Crime No. 1812/2020, under Section 135 of
Electricity Act (Amendment) 2003, Police Station Anti Power Theft
Thana, District Jalaun, pending in the court of Special Judge, E.C. Act
Jalaun.

3. Learned counsel for the applicant submits that since offence in question
is compoundable and the applicant is ready to settle the matter, therefore,
some time may be granted to him 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 applicant moves an
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
                                                                                           NA528 No. 37657 of 2026
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                                    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 applicant in
                                    the aforesaid case.

                                    8. In case of default on the part of applicant, interim protection granted to
                                    applicant shall automatically come to an end.


                                                                                  (Dr. Gautam Chowdhary,J.)
                                    September 9, 2026
                                    CP.sahani




Digitally signed by :-
CHANDRA PRAKASH SAHANI
High Court of Judicature at Allahabad