Allahabad High Court
RAJENDRA PRASADversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court disposed of the application, granting interim protection and directing the applicant to apply for compounding within two weeks, with protection ending on default.
Summary
The applicant, Rajendra Prasad, filed an application under Section 528 of the BNSS seeking to set aside the cognizance and summoning orders and to quash the charge sheet in a criminal case under Section 138(b) of the Electricity Act (Amendment) 2003. The applicant 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. The Power Corporation and the Additional Government Advocate did not oppose compounding of the offence. The High Court held that keeping the application pending would serve no useful purpose and directed the applicant to file a compounding application within two weeks, attaching a certified copy of the order. The Court granted interim protection from coercive action for two months or until disposal of the compounding application, with the protection lapsing upon default. The application was finally disposed of.
Issues considered
- Whether an application under Section 528 BNSS seeking to set aside cognizance and quash a charge sheet in a compoundable offence can be entertained.
- Whether interim protection should be granted pending the filing of a compounding application under Section 152 of the Electricity Act.
Legislation cited
- BNSS — s. 528
- Electricity Act (Amendment) 2003 — s. 138(b), 152
Subjects
- compounding of offence
- Electricity Act
- Section 528 BNSS
- interim protection
- criminal procedure
- compoundable offence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39499 of 2026
Rajendra Prasad
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Tripathi, Anshuman Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for applicant, Shri Sharad Asthana holding brief
Shri Narendra Kumar Tripathi 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 B.N.S.S. has been filed with the
prayer to set aside the cognizance/Summoning order dated 30.07.2013
and NBW order dated 03.09.2025 as well as for quashing of the charge
sheet dated 21.11.2012 including the entire proceeding of Session Case
No. 165 of 2013 (State Vs. Rajendra Prasad), arising out of Case Crime
No. 229 of 2012, under Section 138 (B) of Electricity Act (Amendment)
2003, Police Station Mamarej, District Allahabad, pending in the court of
Special Judge, E.C. Act, Prayagraj.
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
NA528 No. 39499 of 2026
2
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
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 17, 2026
CP.sahani
Digitally signed by :-
CHANDRA PRAKASH SAHANI
High Court of Judicature at Allahabad
Checking your session…