SHRAVAN KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/5602/2025 · 2025-07-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150629 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150629 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39681 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5602 of 2025 Applicant :- Shravan Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Karuna Shanker Rastogi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Karuna Shanker Rastogi, the learned counsel for the applicant, Sri Satyendra Srivastava, the learned A.G.A appearing on behalf of the State and Sri Amit Kumar Dwivedi,
learned counsel for the opposite party no.2.
2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the chargesheet dated 27.06.2018, arising out of Case Crime No.184 of 2018, under Section 135 of Indian Electricity Act, Police Station Jankipuram, District Lucknow as well as summoning order dated 13.12.2019 along with the proceedings of Case No.3584 of 2019, pending in the Court of Additional District Judge-4, Lucknow, on the ground that he offence in question already stands compounded.
3. The aforesaid case was registered on the basis of an FIR lodged on 25.05.2018, stating that the theft of electricity by the applicant was found upon a search. The offence under Section 135 of the Electricity Act is a compoundable offence and the offence already stands compounded, which is evident from a letter dated 21.02.2024 issued by the competent authority of Madhyanchal Vidyut Vitaran Nigam Ltd. which is apparent from the letter dated 21.02.2024 issued by the Executive Engineer, Electricity Distribution Division, Rahim Nagar, Lucknow, Electricity Service Authority (Trans Gomti), Lucknow.
4. The learned counsel for the applicant has submitted that when the competent authority of Madhyanchal Vidyut Vitaran Nigam Ltd. has compounded the offence on 21.02.2024, no criminal proceedings in respect of the said offence can go on.
5. The learned counsel for the applicant has relied upon a statutory provision contained in Section 152 (3) of the Electricity Act, 2003 which provides that, "compounding of an offence under this court shall be deemed to amount to an
acquittal within the meaning of section 300 of Cr.P.C."
6. Keeping in view the aforesaid facts and circumstances of the case and the statutory mandate contained in Section 152 (3) of the Electricity Act, 2003, when the applicant already stands acquitted of the offence consequent to compounding of the same, continuance of criminal proceedings against the applicant are wholly unwarranted and the same are liable to be quashed.
7. Accordingly, the instant application is allowed and the charge sheet dated 27.06.2018 arising out of Case Crime No.184 of 2018, under Section 135 of Indian Electricity Act, Police Station Jankipuram, District Lucknow as well as summoning
order dated 13.12.2019 along with the proceedings of Case No.3584 of 2019 are hereby quashed. (Subhash Vidyarthi,J.)
Order Date :- 11.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench