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

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

What the court decided

AI extract

Outcome

Conditional quashing of the charge-sheet dated 15.03.2016, the cognizance/summoning order dated 26.09.2017, the process of bailable warrant dated 09.07.2019 and the entire proceedings of Case No.1668/2017, subject to deposition of compounding charges by the applicant before the Electricity Department within one month; the payment receipt is to be filed before and verified by the trial court; on failure to comply, the trial court is to proceed in accordance with law.

Issue for consideration

Whether the charge-sheet dated 15.03.2016, the cognizance/summoning order dated 26.09.2017, the process of bailable warrant dated 09.07.2019 and the entire proceedings of Case No.1668/2017 under Section 135 of the Indian Electricity (Amendment) Act, 2003 are liable to be quashed on the applicant undertaking to pay the compounding charges to the Electricity Department.

Court's answer

The entire proceedings comprising the charge-sheet dated 15.03.2016, the cognizance/summoning order dated 26.09.2017, the process of bailable warrant dated 09.07.2019 and Case No.1668/2017 are quashed, subject to deposition of compounding charges by the applicant before the Department within one month from the date of receipt of a copy of the order.

Ratio / Principle

The applicant is directed to file a copy of the receipt of payment of the compounding charges before the trial court, and the trial court shall verify the same from the Department.

Key takeaways

If the applicant fails to comply with the terms of the order, the trial court shall proceed in accordance with law (i.e., the criminal proceedings stand revived on default).ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Application U/S 528 BNSS No. 5581 of 2025, decided 20.2.2025 by Hon'ble Vinod Diwakar, J.): The applicant sought quashing of the charge-sheet dated 15.03.2016, the cognizance/summoning order dated 26.09.2017 and the process of bailable warrant dated 09.07.2019, together with the entire proceedings of Case No.1668/2017 (State v. Chandraprakash), arising out of case crime no. 0118 of 2016 under Section 135 Indian Electricity (Amendment) Act, 2003, P.S. Gulawthi, District Bulandshahar, pending before the Additional District and Sessions Judge, Court No.14/ Special Judge (E.C. Act), Bulandshahar. Counsel for the applicant undertook to pay the compounding charges to the Electricity Department within one month, and counsel for the Electricity Department raised no objection. The court quashed the said charge-sheet, cognizance/summoning order, warrant process and entire proceedings of Case No.1668/2017, subject to deposition of the compounding charges before the Department within one month from receipt of the order; the applicant was directed to file the payment receipt before the trial court, which is to verify it from the Department, failing compliance with which the trial court shall proceed in accordance with law. The application was disposed of accordingly.