Rambeti vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Rambeti vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of on the terms that the applicant shall deposit within 15 days the pending charges fixed by the Electricity Department along with the compounding fee; on such deposit, in pursuance to Section 152(2) of Electricity Act, 2003, the prosecution in Case Crime no. 0578 of 2021 cannot proceed, and the final assessment is binding on the applicant.

Issue for consideration

Whether the entire proceedings of Case Crime no. 0578 of 2021 under Section 138(1)(b) Indian Electricity Act (Police Station- A.P.T. Auraiya, District Auraiya) and the cognizance and summoning order dated 09.09.2024 may be quashed.

Court's answer

If the applicant deposits within 15 days the pending charges as provided by the Electricity Department in favour of the applicant along with the compounding fee, then in pursuance to Section 152(2) of Electricity Act, 2003 there is hardly any cause of action arising in favour of the prosecution to proceed with Case Crime no. 0578 of 2021 under Section 138(1)(b) Indian Electricity Act of Police Station- A.P.T. Auraiya, District Auraiya.

Ratio / Principle

It is however made clear that the final assessment shall be abided by the applicant, as submitted by learned counsel for the applicant on specific instructions; the instant application stands disposed of on that basis.

Detailed headnote1 paragraphs

Electricity theft case — quashing declined in effect via disposal on payment terms: The applicant (Rambeti) sought quashing of the entire proceedings of Case Crime no. 0578 of 2021 under Section 138(1)(b) Indian Electricity Act of Police Station- A.P.T. Auraiya, District Auraiya, pending before the learned Additional Sessions Judge, District Auraiya, and of the cognizance and summoning order dated 09.09.2024. Counsel for the applicant undertook deposit of the final assessment along with compounding fee within 15 days; counsel for opposite party no. 2 confirmed that on such deposit no proceeding shall be instituted or continued under Section 152(2) of Electricity Act, 2003. The High Court held that on deposit of the pending charges with the compounding fee within 15 days, hardly any cause of action remains for the prosecution to proceed with the said case crime, made clear that the final assessment binds the applicant on specific instructions, and disposed of the Section 482 application accordingly (Order Date 23.4.2025).

Neutral Citation No. - 2025:AHC:61816

Court No. - 74

Case :- APPLICATION U/S 482 No. - 2625 of 2025

Applicant :- Rambeti Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Deepankar Shukla,Mukesh Kumar Pandey

Counsel for Opposite Party :- Baleshwar Chaturvedi,G.A.

Hon'ble Saurabh Srivastava,J.

Heard Sri Mukesh Kumar Pandey, learned counsel appearing on behalf of applicant and Sri Baleshwar Chaturvedi, learned counsel for opposite party no. 2 and learned AGA for the State.

Present application has been preferred with the prayer to quash the entire proceedings of Case Crime no. 0578 of 2021 under Section 138(1)(b) Indian Electricity Act of Police Station- A.P.T. Auraiya, District Auraiya pending in the court of learned Additional Sessions Judge, District- Auraiya as well as cognizance and summoning order dated 09.09.2024 through which applicant was summoned to face trial.

At the very outset, learned counsel for applicant submitted that applicant is ready to deposit within 15 days the amount of final assessment along with compounding fee, in pursuance to aforesaid proceeding initiated against him.

Per contra, Sri Baleshwar Chaturvedi, learned counsel for opposite party no. 2 submitted that final assessment has already been prepared in respect of applicant and if the applicant is ready to deposit the same along with compounding fee, no proceeding shall be instituted or continued against such consumer or person in any Court as defined under Section 152(2) of Electricity Act, 2003.

After hearing the rival submissions extended by learned counsel for the parties, one thing is crystal clear that in any case, if the applicant deposits within 15 days the pending charges as provided by the Electricity Department in favour of the applicant along with compounding fee thereafter in pursuance to Section 152(2) of Electricity Act, 2003, there is hardly any cause of action arises in favour of the prosecution to proceed with Case Crime no. 0578 of 2021 under Section 138(1)(b) Indian Electricity Act of Police

Station- A.P.T. Auraiya, District Auraiya in respect of applicant. It is however, made clear that the final assessment shall be abide by applicant as submitted by learned counsel for the applicant on specific instructions.

The instant application u/s 482 stands disposed of accordingly.

Order Date :- 23.4.2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad