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

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

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceedings in Session Trial No.766 of 2018 (State vs. Mohd. Hanif) arising out of Case Crime No.169 of 2016 under Section 138(B) of the Indian Electricity Act, including charge-sheet dated 04.11.2017 and cognizance order dated 14.09.2018, subject to: deposit of compounding charges with the Electricity Department within one month; filing of the payment receipt before the trial court and its verification; closure of proceedings upon verification; liberty to the trial court to proceed in accordance with law on non-compliance; and liberty to the Electricity Department to realise electricity dues in accordance with law.

Issue for consideration

Whether the entire criminal proceedings in Session Trial No.766 of 2018 (State vs. Mohd. Hanif) arising out of Case Crime No.169 of 2016 under Section 138(B) of the Indian Electricity Act, including the charge-sheet dated 04.11.2017 and cognizance order dated 14.09.2018, should be quashed in view of the applicant's willingness to deposit compounding charges.

Court's answer

The entire criminal proceedings in Session Trial No.766 of 2018 (State vs. Mohd. Hanif) arising out of Case Crime No.169 of 2016 under Section 138(B) of the Indian Electricity Act, including the charge-sheet dated 04.11.2017 and cognizance order dated 14.09.2018, are quashed, subject to 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 the order.

Key takeaways

Conditions (b)-(c): upon payment the applicant shall file the payment receipt before the trial court, which shall verify it with the Electricity Department; after such verification the entire proceeding arising out of Case Crime No.169 of 2016 shall immediately be closed and consigned to record.ratio¶¶22
Condition (d): in case of non-compliance, the trial court shall be at liberty to proceed in accordance with law without reference to this Court.ratio¶¶23
Condition (e): the Electricity Department remains at liberty to realise the electricity dues in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.) disposed of an application under Section 528 BNSS seeking quashing of the entire criminal proceedings in Session Trial No.766 of 2018 (State vs. Mohd. Hanif), arising out of Case Crime No.169 of 2016 under Section 138(B) of the Indian Electricity Act, Police Station Shahganj, District Prayagraj, including the charge-sheet dated 04.11.2017 and cognizance order dated 14.09.2018. The applicant undertook to deposit compounding charges and the A.G.A. and counsel for the Electricity Department raised no objection. Proceedings were quashed subject to conditions: (a) deposit of compounding charges within one month; (b) filing of the payment receipt before the trial court and verification with the Electricity Department; (c) closure and consignment of the proceedings to record upon verification; (d) liberty to the trial court to proceed in accordance with law in case of non-compliance; and (e) liberty to the Electricity Department to realise electricity dues in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42299 of 2025

Mohd. Hanif

.....Applicant(s)

Versus

State Of U.P. And 2 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Ram	Babu Singh
Counsel for Opposite Party(s)	: G.A.,	Narendra Kumar Tiwari

Court No. - 78

HON'BLE VIVEK KUMAR SINGH, J.

Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

Heard learned counsel for applicant, learned A.G.A. for State and Sri Narendra Kumar Tiwari, learned counsel for Electricity Department.

The instant application has been preferred for quashing the entire criminal proceedings of Session Trial No.766 of 2018 (State vs. Mohd. Hanif) arising out of Case Crime No.169 of 2016, under Section 138 (B) of Indian Electricity Act, Police Station Shahganj, District- Prayagraj, pending in the court of 4th Additional Session Judge/ Special Judge (E.C.Act), Allahabad including charge-sheet dated 04.11.2017 alongwith cognizance order dated 14.09.2018.

Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding 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 has 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 Trial No.766 of 2018 (State vs. Mohd. Hanif) arising out of Case Crime No.169 of 2016, under Section 138 (B) of Indian Electricity Act, Police Station Shahganj, District- Prayagraj, pending in the court of 4th Additional Session Judge/ Special Judge (E.C.Act), Allahabad including charge-sheet dated 04.11.2017

NA528 No. 42299 of 2025

2

alongwith cognizance order dated 14.09.2018, are hereby quashed, subject to the following conditions:-

(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.169 of 2016, under Section 138 (B) of Indian Electricity Act, Police Station Shahganj, District- Prayagraj 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 without reference to this Court.

(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