Raju Verma vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Raju Verma vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional quashing granted: the charge-sheet dated 16.04.2024, cognizance/summoning order dated 29.11.2024 and the entire proceedings of Session Case (Special Trial) No. 1491 of 2024 (arising out of Case Crime No. 1610 of 2022, Section 135 of Indian Electricity Act (Amendment), 2003) are quashed, subject to deposit of compounding charges within one month, filing and verification of the payment receipt, closure of proceedings on verification, liberty to the trial court on non-compliance, and preservation of the Electricity Department's right to realize electricity dues in accordance with law.

Issue for consideration

Whether the charge-sheet dated 16.04.2024, the cognizance/summoning order dated 29.11.2024 and the entire proceedings of Session Case (Special Trial) No. 1491 of 2024 arising out of Case Crime No. 1610 of 2022 under Section 135 of Indian Electricity Act (Amendment), 2003 should be quashed, given the applicant's readiness to deposit the compounding fee/charges and the absence of objection from the A.G.A. and the Electricity Department.

Court's answer

In view of the submissions of both parties and the nature of the offence, the entire proceedings of Session Case (Special Trial) No. 1491 of 2024, arising out of Case Crime No. 1610 of 2022 under Section 135 of Indian Electricity Act (Amendment), 2003, including the charge-sheet dated 16.04.2024 and the summoning order dated 29.11.2024, are quashed subject to specified conditions.

Ratio / Principle

Condition (a): The applicant shall deposit the compounding charges to the Electricity Department within one month from the date of receipt of a copy of this order.

Key takeaways

Condition (b): Upon payment, the applicant shall file a copy of the payment receipt before the trial court, and the trial court shall verify the same with the Electricity Department.ratio¶19
Condition (c): After verification by the Electricity Department of the deposited compounding fee/charges, the entire proceedings arising out of Case Crime No. 1610 of 2022 under Section 135 of Indian Electricity Act (Amendment), 2003 shall immediately be closed and consigned to record.ratio¶20
Condition (d): In case of non-compliance with the conditions, the trial court shall be at liberty to proceed in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Kumar Singh, J.), APPLICATION U/S 528 BNSS No. - 10808 of 2025, decided November 13, 2025. Applicant Raju Verma sought quashing of the charge-sheet dated 16.04.2024, the cognizance/summoning order dated 29.11.2024 and the entire proceedings of Session Case (Special Trial) No. 1491 of 2024 arising out of Case Crime No. 1610 of 2022 under Section 135 of Indian Electricity Act (Amendment), 2003, Police Station Anti Theft Ballia, District Ballia, pending before the Special Judge (E.C. Act)/Additional Session Judge, Ballia, on the ground of his readiness to deposit the compounding fee/charges with the Electricity Department; the learned A.G.A. and counsel for the Electricity Department had no objection. The Court disposed of the application by quashing the proceedings subject to conditions: (a) deposit of compounding charges within one month; (b) filing of the payment receipt before the trial court and its verification with the Electricity Department; (c) immediate closure and consignment of the proceedings to record after verification; (d) liberty to the trial court to proceed in accordance with law in case of non-compliance; and (e) the Electricity Department remaining free to realize electricity dues in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 10808 of 2025

Raju Verma

.....Applicant(s)

Versus

State Of U.P. And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Ashok Kumar Maurya
Counsel for Opposite Party(s)	: Chetan Chatterjee, G.A.

Court No. - 78

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for applicant, learned A.G.A. for State and learned counsel for Electricity Department.

The instant application has been preferred for quashing the charge sheet dated 16.04.2024 and cognizance/ summoning order dated 29.11.2024 as well as entire proceedings of Session Case (Special Trial) No. 1491 of 2024, arising out of Case Crime No.1610 of 2022, under Section 135 of Indian Electricity Act (Amendment), 2003, Police Station Anti Theft Ballia, District Ballia, pending in the court of Special Judge (E.C. Act)/ Additional Session Judge, Ballia.

Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding fee/charges before the Electricity Department. Therefore, on this ground, the applicant prays for quashing of the impugned proceedings.

Learned A.G.A. as well as learned counsel for the Electricity Department have no objection over the prayer made by the applicant's counsel.

In view of the submissions made by both the parties and considering the nature of offence, the entire proceedings in shape of Session Case (Special Trial) No. 1491 of 2024, arising out of Case Crime No.1610 of 2022, under Section 135 of Indian Electricity Act (Amendment), 2003, Police Station Anti Theft Ballia, District Ballia, pending in the court of Special Judge (E.C. Act)/ Additional Session Judge, Ballia including the charge-sheet dated 16.04.2024 as well as summoning order dated 29.11.2024, are hereby quashed, subject to the following conditions:-

NA528 No. 10808 of 2025

2

(a) The applicant shall deposit the compounding charges to the Electricity Department within one month from the date of receipt of copy of this order.

(b) Upon payment, the applicant shall file a copy of the payment receipt before the trial court. The trial court shall thereafter verify the same from the Electricity Department.

(c) After the verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding arising out of Case Crime No.1610 of 2022, under Section 135 of Indian Electricity Act (Amendment), 2003, Police Station Anti Theft Ballia, District Ballia shall immediately be closed and consigned to record.

(d) In case of non-compliance, the trial court shall be at liberty to proceed in accordance with law.

(e) So far as realization of the electricity dues, the Electricity Department shall be at liberty to realize the same in accordance with law.

With the aforesaid directions, the application stands disposed of.

(Vivek Kumar Singh,J.)

November 13, 2025 Radhika

Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad