Allahabad High Court
SMT NEHAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court disposed of the application, directing the applicant to seek compounding of the offence and granting interim protection pending that application.
Summary
The applicant, Smt Neha, filed an application under Section 528 of the B.N.S.S. seeking to set aside the cognizance order and quash the charge sheet in an electricity theft case filed under Section 135 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 State’s Additional Government Advocate did not oppose compounding of the offence. The High Court, noting the compoundable nature of the offence and the parties' consent, declined to keep the application pending and directed the applicant to file a compounding application within two weeks, granting interim protection for two months. The Court ordered that no coercive action be taken during this period and that the interim protection would lapse upon default, finally disposing of the application.
Issues considered
- Whether an application under Section 528 B.N.S.S. for setting aside cognizance and quashing a charge sheet can be entertained when the offence is compoundable
- Whether interim protection can be granted to the applicant pending compounding of the offence
Legislation cited
- B.N.S.S. — s. 528
- Electricity Act (Amendment) 2003 — s. 135, 152
Subjects
- electricity theft
- compounding of offence
- Section 528 application
- interim protection
- cognizance order
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39567 of 2026
Smt Neha
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for applicant, Shri Ashish Gupta 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 order dated 03.12.2025 as well as for
quashing of the charge sheet dated 05.08.2025 including the entire
proceeding of Session Case No. 508 of 2026 (State Vs. Neha), arising out
of Case Crime No. 5106 of 2022, under Section 135 of Electricity Act
(Amendment) 2003, Police Station Anti Power Theft, District Rampur,
pending in the court of Special Judge, E.C. Act/ Additional Districti &
Sessions Judge, Rampur.
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. 39567 of 2026
2
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
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