Neutral Citation No. - 2025:AHC:53188 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11766 of 2025 Applicant :- Mumtaj Ahmad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- S.B.Singh,Shashwat Pratap Singh Counsel for Opposite Party :- Chetan Chatterjee,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri S.B.Singh, learned counsel appearing on behalf of applicant and Sri Chetan Chatterjee, learned counsel for opposite party nos. 2 and 3 and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the charge sheet dated 03.10.2023 as well as cognizance/summoning order dated 20.09.2024 in S.T. no. 1153 of 2024 (State vs. Mumtaj Ahamad) arising out of Case Crime no. 0894 of 2021 under Section 135 Electricity Act, PS- Anti Power Theft Thana Ballia, District- Ballia pending in the court of learned Special Judge/ (E.C. Act)/Additional District and Sessions Judge, Ballia. 3. Learned counsel for applicant submitted that through the instant application, the entire proceeding arising out of Case Crime no. 0894 of 2021 in pursuance to Section 135 Electricity Act has been put under challenge by way of taking grounds that the appellant is only the tenant in a small room in shape of shop having area near about 6x10 square feet and he is a Homeopathic Medical Practitioner and continuing over the possession of one of the shops amongst 6 which solely belongs to one Sabir Ahmad. It is apparent from the charge sheet that in pursuance to FIR which has been registered as Case Crime no. 894 of 2021 it is only the applicant who has been implicated with the specific narration of the FIR that is solely against the applicant. 4. Although certain grounds have been taken up by learned counsel for the applicant which is mentioned in the affidavit in respect of the instant application wherein, it has been submitted that the capacity of the applicant is only a tenant and there is a agreement between applicant and the owner of the shop in respect of payment of electricity i.e. only to the tune of Rs.200 per month and as such there is hardly any cause of action for illegal attachment of electricity through illegal means as mentioned in the FIR. 5. 5. Learned counsel for the applicant further submitted that the entire proceedings has been initiated on the basis of conjecture and surmises and there was no person either applicant or from his family members available at the time of conduction of inspection carried out by concerned authorities i.e. respondent nos. 2 and 3. 6. Per contra, Sri Chetan Chatterjee, learned counsel appearing on behalf of opposite party nos. 2 and 3 submitted that the entire offence whatsoever has been alleged and which culminated into preferring a charge sheet which is put under challenge is compoundable and by mere deposition of only Rs.5,000/- as mentioned in letter dated 07.04.2025, no proceeding shall be instituted or continued against such consumer or person in any Court as defined under Section 152(2) of Electricity Act, 2003. It is also informed by learned counsel appearing for opposite party nos. 2 and 3 that mandatory provision for filing objection and thereafter, if aggrieved, appeal has not been availed by the applicant and as such the instant application is liable to be dismissed on the ground of the alternative remedy available before the applicant. 7. After hearing the rival submissions extended by learned counsel for the parties, one thing is crystal clear that in any case, if the applicant may deposit Rs.5,000/- in pursuance to final assessment dated 10.12.2024, no proceeding shall be continued against the applicant and in that case, applicant will be entitled to prefer his objection on all the grounds whatsoever has been mentioned through the instant application and the same shall be subject to outcome of redressal of the grievances pertains to the applicant. 8. In view of the aforementioned facts and circumstances, applicant is hereby directed to proceed with deposition of compounding fee in shape of Rs.5,000/- in pursuance to final assessment dated 10.12.2024 and in pursuance to procedure defined under Section 154 of Electricity Act, 20023, within 15 days from today and thereafter prefer objection on the grounds whatsoever has been mentioned through the instant application. 9. Till 15 days from today, no coercive action shall be initiated against the applicant. 10. With the aforesaid direction, the application stands disposed of accordingly. Order Date :- 10.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad