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

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

What the court decided

AI extract

Outcome

Application disposed of: the entire criminal proceedings in Case No.850 of 2018 (State vs. Bhola Nath Sharma) arising out of Case Crime No.769 of 2017 under section 135 of Electricity Act, including the charge-sheet dated 03.09.2017 and the summoning order dated 20.09.2018, were quashed subject to deposit of compounding charges within one month, filing and verification of the payment receipt, closure of the proceedings upon verification, liberty to the trial court 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 Case No.850 of 2018 (State vs. Bhola Nath Sharma) arising out of Case Crime No.769 of 2017 under section 135 of Electricity Act, including the charge-sheet dated 03.09.2017 and the summoning order dated 20.09.2018, are liable to be quashed in view of the applicant's readiness and willingness to deposit the compounding fee/charges before the Electricity Department.

Court's answer

The entire criminal proceedings in Case No.850 of 2018 (State vs. Bhola Nath Sharma) arising out of Case Crime No.769 of 2017 under section 135 of Electricity Act, including the charge-sheet dated 03.09.2017 and the summoning order dated 20.09.2018, are quashed, subject to conditions.

Ratio / Principle

As a condition of the quashing, 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

Upon payment, the applicant shall file a copy of the payment receipt before the trial court, and the trial court shall thereafter verify the same from the Electricity Department.ratio¶17
After verification of the deposit of the compounding fee/charges by the Electricity Department, the entire proceeding arising out of Case Crime No.769 of 2017 shall immediately be closed and consigned to record.ratio¶18
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 (Saurabh Srivastava, J.), September 8, 2025 — Application under Section 528 BNSS No. 8635 of 2025, Bhola Nath Sharma v. State of U.P. and 2 Others. The applicant sought quashing of the entire criminal proceedings in Case No.850 of 2018 (State vs. Bhola Nath Sharma), arising out of Case Crime No.769 of 2017 under section 135 of Electricity Act, P.S. Handia, District Allahabad (Prayagraj), including the charge-sheet dated 03.09.2017 and the summoning order dated 20.09.2018, pending before the learned IV Additional Session Judge/Special Judge (E.C. Act), Allahabad. At the outset, learned counsel for the applicant submitted that the applicant was ready and willing to deposit the compounding fee/charges, about Rs.4,000/-, before the Electricity Department; the learned A.G.A. and learned counsel for the Electricity Department raised no objection. The Court quashed the entire proceedings subject to conditions: (a) deposit of the compounding charges with the Electricity Department within one month; (b) filing of the payment receipt before the trial court and its verification by the trial court with the Electricity Department; (c) immediate closure and consignment of the proceedings to record after such 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 the electricity dues in accordance with law. With these directions, the application stood disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 8635 of 2025

Bhola Nath Sharma

.....Applicant(s)

	Versus
State Of U.P. And 2 Others	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Rama Shankar Singh, Saurabh Kumar : G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, 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 entire criminal proceedings of Case No.850 of 2018 (State vs. Bhola Nath Sharma) arising out of Case Crime No.769 of 2017, under section 135 of Electricity Act, P.S. Handia, District- Allahabad (Prayagraj), pending in the court of learned IV Additional Session Judge/Special Judge (E.C. Act), Allahabad including the charge-sheet dated 03.09.2017 as well as summoning order dated 20.09.2018.

At the very outset, learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding fee/charges, which is about Rs.4,000/-, 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 Case No.850 of 2018 (State vs. Bhola Nath Sharma) arising out of Case Crime No.769 of 2017, under section 135 of Electricity Act, P.S. Handia, District- Allahabad (Prayagraj), pending in the court of learned IV Additional Session Judge/Special Judge (E.C. Act), Allahabad including the charge-sheet dated 03.09.2017 as well as summoning order dated 20.09.2018, are hereby

NA528 No. 8635 of 2025

2

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.769 of 2017, under section 135 of Electricity Act, P.S. Handia, DistrictAllahabad (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.

(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 .

September 8, 2025 Saif

(Saurabh Srivastava,J.)

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