Jamil Ahmad Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Jamil Ahmad Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: (a) applicant to deposit compounding charges to the Electricity Department within one month of receipt of the order; (b) payment receipt to be filed before the trial court and verified by it from the Electricity Department; (c) upon verification, the entire proceeding of Special Case no. 1013/2024 (Case Crime no. 4520/2020, Section 135 Electricity Act) to be closed only in respect of the applicant and consigned to record; (d) on non-compliance, trial court free to proceed in accordance with law; (e) Electricity Department free to realize electricity dues in accordance with law; (f) commercial electricity connection to be provided within a month after deposition of the compounding fee if sought.

Issue for consideration

Whether the entire criminal proceeding arising out of Case Crime no. 4520/2020 under Section 135 Electricity Act (charge-sheet no. 0962 of 2023 dated 05.10.2023 and cognizance/summoning order dated 06.11.2024 in Special Case no. 1013/2024) against the applicant should be quashed on the ground that the applicant is ready and willing to deposit the compounding fee/charges before the Electricity Department.

Court's answer

In view of the submissions of both parties and considering the nature of the offence, the quashing application was disposed of with directions rather than being allowed or dismissed outright.

Ratio / Principle

The applicant was directed to deposit the compounding charges to the Electricity Department within one month from the date of receipt of a copy of the order.

Key takeaways

Upon payment, the applicant is to file the payment receipt before the trial court, which shall verify it from the Electricity Department.ratio¶12
After verification of deposition of the compounding fee/charges by the Electricity Department, the entire proceeding arising out of Special Case no. 1013/2024 (Case Crime no. 4520/2020, Section 135 Electricity Act) shall immediately be closed only in respect of the applicant and consigned to record.ratio¶13
In case of non-compliance with the direction to deposit the compounding charges, the trial court shall be at liberty to proceed in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) disposed of an application under Section 528 BNSS (No. 19930 of 2025) by Jamil Ahmad seeking quashing of charge-sheet no. 0962 of 2023 dated 05.10.2023 and the cognizance/summoning order dated 06.11.2024 in Special Case no. 1013/2024, arising out of Case Crime no. 4520/2020 under Section 135 Electricity Act, PS- APT (Anti Power Theft Rampur), District Rampur, pending before the Special Judge (E.C. Act)/Additional Session Judge, Rampur. The applicant offered to deposit the compounding fee/charges and neither the A.G.A. nor counsel for the Electricity Department objected. The Court directed deposit of the compounding charges within one month, filing and trial-court verification of the receipt with the Electricity Department, and immediate closure of the entire proceeding qua the applicant upon verification, consigning the record; on default the trial court may proceed in accordance with law. The Electricity Department was left free to realize electricity dues in accordance with law, and a commercial electricity connection was to be provided within a month after deposition of the compounding fee if sought.

Neutral Citation No. - 2025:AHC:106666

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 19930 of 2025

Applicant :- Jamil Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Nath Tripathi Counsel for Opposite Party :- G.A.,Pranjal Mehrotra

Hon'ble Saurabh Srivastava,J.

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

The instant application has been preferred for quashing the entire proceeding of charge-sheet no. 0962 of 2023 dated 05.10.2023 as well as cognizance order alongwith summoning order dated 06.11.2024 in Special Case no. 1013/2024 arising out of Case Crime no. 4520/2020 under Section 135 Electricity Act, PS- APT (Anti Power Theft Rampur), District Rampur (State vs. Jamil Ahmad), which is pending before learned Special Judge (E.C. Act)/Additional Session Judge, Rampur.

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, instant application is hereby disposed of with following directions:

(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 Special Case no. 1013/2024 arising out of Case Crime no. 4520/2020 under Section 135 Electricity Act, PS- APT (Anti Power Theft Rampur), District Rampur (State vs. Jamil Ahmad) shall immediately be closed only in respect of applicant herein 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 are concerned, the Electricity Department shall be at liberty to realize the same in accordance with law.

(f) After deposition of compounding fee, if applicant intends to have commercial electricity connection, the same shall be provided to the applicant within a month thereafter.

Order Date :- 7.7.2025 Shaswat

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