Allahabad High Court
RAJ SINGHversusSTATE OF U.P. AND 2 ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The court disposed the application, granting conditional interim protection and directing the applicant to file a compounding application within two weeks.
Summary
The applicant, Raj Singh, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Crime No. 696 of 2021) instituted by the State of U.P. under Section 135 of the Electricity Act Amendment, 2003. He argued that the offence is compoundable and expressed willingness to settle, requesting time to approach the appropriate authority under Section 152 of the Electricity Act for compounding. The Power Corporation and the Advocate General raised no objection to compounding. The High Court held that keeping the application pending would serve no useful purpose and ordered that the applicant must file a compounding application within two weeks, attaching a certified copy of this order, after which the authority should decide within six weeks. The Court granted interim protection from coercive action for two months or until the compounding application is disposed of, and stipulated that the protection would lapse upon default. The application was finally disposed.
Issues considered
- Whether the court should stay the criminal proceedings pending a compounding application for a compoundable offence under the Electricity Act.
- Whether interim protection can be granted subject to the filing of a compounding application within a specified time.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Electricity Act, 2003 (as amended) — s. 135, 152
Subjects
- compoundable offence
- electricity act
- interim protection
- stay of proceedings
- compounding
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39249 of 2026
Raj Singh
.....Applicant(s)
Versus
State Of U.P. And 2 Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pavan Kumar Mishra
Counsel for Opposite Party(s) : G.A., Kartikeya Saran
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for applicant, Sri Kartikey Saran learned counsel
for the Power Corporation, learned A.G.A. for the State and perused the
record.
2. This application has been filed by the applicant, with a prayer to quash
the proceedings of Case Crime No. 696 of 2021 (State Vs. Raj Singh)
under Section 135 of Electricity Act Amendment, 2003 Police Station
Anti Theft Thana, District Muzaffar Nagar pending before learned
Additional District/Sessions Judge, Court No.4, District Muzaffar Nagar.
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
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
NA528 No. 39249 of 2026
2
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.
9. With the aforesaid observations, this application stands finally disposed
of.
(Dr. Gautam Chowdhary,J.)
September 23, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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