KAPOOR CHANDRA GUPTA @ KAPOOR CHAND RAM v. STATE OF U.P. AND 2 OTHERS
NA528/42744/2026 · 2026-10-04
Gautam Chowdhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12390 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12390 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42744 of 2026 Court No. - 73 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for applicant, Shri Udit Chandra, learned counsel counsel for the Power Corporation, as well as learned A.G.A. for the State and perused the material brought on record. 2. This application under Section 528 BNSS has been filed with the prayer for quashing of cognizance/ summoning order dated 15.05.2024, charge sheet dated 03.08.2021 including the entire proceeding of Criminal Case No. 616 of 2014, State Vs. Kapoor Chandr Gupta, arising out of Case Crime No. 153 of 2019, under Section 135 of Electricity Act (Amendment) 2003, Police Station Anti Power Theft, District Ghazipur, pending in the court of Additional District and Sessions Judge/ Special Judge, E.C. Act, Ghazipur. 3. Learned counsel for the applicant submits that since offence in question is compoundable and the applicant is ready to settle the matter, therefore, some time may be granted to him for the said purpose and to approach the authority concerned under Section 152 of the Electricity Act. 4. Learned counsel for the Power Corporation as well as learned A.G.A. has no objection, if the offence is compounded under the relevant provision of the Electricity Act. 5. Having regard to the facts and circumstances of case and having considered the submissions made by learned counsel for parties and keeping in view the willingness shown by learned counsel for applicant, this Court is of the view that no useful purpose would be served by keeping this application pending. 6. In view of above, it is provided that in case, the applicant moves an application for compounding under the relevant provisions of Electricity Act before the concerned authority within two weeks from today along with the certified copy of this order before the authority concerned, the Versus Counsel for Applicant(s) : Sadhu Sharan Counsel for Opposite Party(s) : G.A., Udit Chandra Kapoor Chandra Gupta @ Kapoor Chand Ram .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
same shall be considered and decided by the authority concerned as expeditiously as possible in accordance with law, preferably within a period of six weeks months from the date of production of same after hearing the parties concerned. 7.
7. For a period of two months or till the disposal of said application, whichever is earlier, no coercive action shall be taken against applicant in the aforesaid case. 8. In case of default on the part of applicant, interim protection granted to applicant shall automatically come to an end. 9. With the aforesaid observations, this application stands finally disposed of. October 5, 2026 Mustaqeem. NA528 No. 42744 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad