Allowed

Jatan and 2 Others v. State of U.P. and Another

Allahabad HC11 Jun 2020A482/6903/2020

Case brief

AI extract

What is this about?

The applicant challenged the charge sheet and cognizance order under Section 135-A of the Electricity Act, 2003, alleging compounding of the offence. The court held that since the offence was compounded under Section 152(1), criminal proceedings could not continue.

What did the court decide?

The criminal case no. 01014844/2019 under Section 135A Electricity Act is quashed and the application allowed.

Jatan and 2 Others Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 39

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Case :- APPLICATION U/S 482 No. - 6903 of 2020

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Applicant :- Jatan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.,Abhishek Srivastava

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Hon'ble Mrs. Sunita Agarwal,J.

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Heard Sri Virendra Kumar Jaiswal learned Advocate for the applicant.

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Sri Abhishek Srivastava, learned Advocate for the private respondent no.2 as well as learned A.G.A for the state respondent.

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The present application is directed against the charge sheet dated 2.8.2019 as also the cognizance order dated 15.10.2019 passed in Criminal Case no.01014844/2019 arising out of Case Crime no.529 of 2019 under Section 135 A Electricity Act, P.SBisrakh District-Gautam Budh Nagar.

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The main ground to challenge the chargesheet and the order passed by the court below is that the criminal proceedings for alleged theft of electricity under Section 135-A of the Electricity Act, 2003 cannot continue, in as much as, criminal offence has been compounded by the electricity department. A letter of the Executive Engineer dated 25.11.2019 addressed to the Station House Officer P.S-Bisrakh District Gautam Budh Nagar has been placed to demonstrate that the department decided to compound the criminal offence of theft of Electricity invoking power under Section 152(1) of the Electricity Act 2003. The said letter states that the compounding fee had been deposited and receipt dated 23.11.2019 had also been issued to the applicant. All these facts are admitted to the learned counsel for the department.

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Considering the above, this court finds that in view of the provisions as contained in Section 152(1) of the Electricity Act 2003, the criminal offence of theft of electricity being the first offence had been compounded by the department, and hence the proceedings for theft of electricity under Section 135(1)(a) of the Electricity Act 2003 cannot continue.

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It is, however, open for the department to make assessment for the unauthorised use of Electricity by the applicant in a civil proceeding strictly in accordance with the provision of the Indian Electricity Act, 2005.

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In any case, the proceedings in criminal Case no.01014844/2019 appears to have been initiated by the Court in ignorance of the letter dated 25.11.2019 issued by the Executive Engineer, Vidyut Vitran Khand Greater Noida.

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For the aforesaid proceeding in Criminal Case no.01014844/2019 arising out of Case Crime no.529 of 2019 under Section 135 A Electricity Act, P.S-Bisrakh DistrictGautam Budh Nagar pending in the Court of VIth Additional District and Sessions Judge, Gautam Budh Nagar is hereby quashed.

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The application under Section 482 is allowed.

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Order Date :- 11.6.2020 Harshita

Jatan and 2 Others v. State of U.P. and Another

Case brief

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Jatan and 2 Others v. State of U.P. and Another

Case brief

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