Harnarayan Yadav v. State of U.P. and 2 Others

Allahabad HC24 Nov 2025NA528/33502/2025

Case brief

AI extract

What is this about?

Quashing of electricity theft prosecution; Section 138 Indian Electricity Act; compounding fees under section 152 Electricity Act deposited 28.07.2025; no-objection by State and opposite party No.3; application under section 528 BNSS allowed; Special Case No.527 of 2018; Case Crime No.1027 of 2017; PS Kotwali, District Etawah; Special Judge (E.C. Act) Etawah; effect of compounding on pending criminal proceedings; Allahabad High Court, Rajiv Lochan Shukla, J., December 1, 2025.

What did the court decide?

Quashing of the entire proceedings of Special Case No.527 of 2018 (State vs. Harnarayan Yadav) arising out of Case Crime No.1027 of 2017, under Section 138 of Indian Electricity Act, pending in the court of the learned Special Judge (E.C. Act), Etawah; the application under section 528 BNSS stands allowed. ¶¶18

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

What the court decided

AI extract

Outcome

¶¶18

Issue for consideration

Whether the entire proceedings of Special Case No.527 of 2018 (State vs. Harnarayan Yadav) arising out of Case Crime No.1027 of 2017, under Section 138 of Indian Electricity Act, pending before the learned Special Judge (E.C. Act), Etawah, should be quashed in view of the deposit of compounding fees under section 152 of the Electricity Act.

¶¶12

Court's answer

In light of the deposit of compounding fees and the absence of objection from counsel for opposite party No.3 and the learned A.G.A. for the State, the entire proceedings of Special Case No.527 of 2018 (State vs. Harnarayan Yadav) arising out of Case Crime No.1027 of 2017, under Section 138 of Indian Electricity Act, Police Station Kotwali, District Etawah, pending before the learned Special Judge (E.C. Act), Etawah, stand quashed.

¶¶18

Detailed headnote1 paragraphs

Allahabad High Court (Rajiv Lochan Shukla, J.) allowed an application under section 528 BNSS seeking quashing of the entire proceedings of Special Case No.527 of 2018 (State vs. Harnarayan Yadav) arising out of Case Crime No.1027 of 2017, under Section 138 of Indian Electricity Act, Police Station Kotwali, District Etawah, pending before the learned Special Judge (E.C. Act), Etawah. The applicant had deposited the compounding fees required under section 152 of the Electricity Act on 28.07.2025; counsel for opposite party No.3 admitted the deposit and raised no objection to quashing, and the learned A.G.A. likewise did not object, the department having no objection. On these submissions, the Court quashed the entire pending proceedings and allowed the application. (Counsel's submission that deposit of compounding fees has the effect of an acquittal is recorded as argument, not as this Court's holding.) Decided December 1, 2025.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 33502 of 2025

Harnarayan Yadav

.....Applicant(s)

Versus

State Of U.P. And 2 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Anil Kumar, Dharmendra Singh
Counsel for Opposite Party(s)	: G.A., Manu Ghildyal

¶7

Court No. - 83

¶8

HON'BLE RAJIV LOCHAN SHUKLA, J.

¶9

Heard Sri Anil Kumar, Learned counsel for the applicant, Sri Manu Ghildyal, Learned counsel for the opposite party No.3 and Sri G.P. Singh, Learned A.G.A. assisted by Ms. Pratiksha Rai, Learned brief holder for the State.

¶10

The instant application under section 528 BNSS has been preferred for quashing the entire proceedings of Special Case No.527 of 2018 (State vs. Harnarayan Yadav) arising out of Case Crime No.1027 of 2017, under Section 138 of Indian Electricity Act, Police Station- Kotwali, DistrictEtawah, pending in the court of learned Special Judge (E.C. Act), Etawah, as well as consequential proceedings of the same.

¶11

At the outset, Learned counsel for the applicant states that the compounding fees as is required under section 152 of Electricity Act has already been deposited on 28.07.2025. This fact has been admitted by Sri Manu Ghildyal, Learned counsel for the opposite party No.3.

¶12

Learned counsel for the applicant further states that once compounding fees has been deposited, then proceedings cannot be continued against the applicant. He prays that this application may be allowed and the proceedings pending against the applicant be quashed as deposition of compounding fees has the effect of an acquittal.

¶13

Sri Ghildyal, Learned counsel for the opposite party No.3 has no objection to this course being adopted by the Court in quashing of the proceedings.

¶14

Learned A.G.A. also does not object to the proceedings being quashed

¶15

NA528 No. 33502 of 2025

¶16

¶17

especially taking into account the fact that the compounding fees has already been deposited and the department has no objection to the proceedings being quashed.

¶18

In the light of these submissions, the entire proceedings of Special Case No.527 of 2018 (State vs. Harnarayan Yadav) arising out of Case Crime No.1027 of 2017, under Section 138 of Indian Electricity Act, Police Station- Kotwali, District- Etawah, pending in the court of learned Special Judge (E.C. Act), Etawah, is quashed.

¶19

This application stands allowed accordingly.

¶20

December 1, 2025 Saif

¶21

(Rajiv Lochan Shukla,J.)

¶22

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Harnarayan Yadav v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Harnarayan Yadav v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Badan Singh vs State of U.P.

Naveen Kumar Sharma vs State of U.P. and Another

Salam Alias Izhar vs State of U.P. and Another

Maharaj Singh vs State of U.P. and Another

Anand Gupta Alias Anand Kumar Gupta vs State of U.P. and Another

Ritesh Patel vs State of U.P. and Another