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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43574 of 2026 Court No. - 73 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for applicant, Shri Sharad Kumar Asthana, holding brief of Shri Narendra Kumar Tiwari, 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 to quash the charge sheet dated 29.06.2024, cognizance order dated 05.06.2025 as well as entire proceeding of S.T. No. 466 of 2025, State Vs. Sushil Devi), arising out of Case Crime No. 1685 of 2021, under Section 135-1(A) of Electricity Act (Amendment) 2003, Police Station Anti Power Theft Thana Prayagraj, District Prayagraj, pending in the court of Special Judge, E.C. Act/ Additional District and Sessions Judge, Prayagraj. 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 her 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 Versus Counsel for Applicant(s) : Anand Prakash Mishra, Sriram Dhar Dubey Counsel for Opposite Party(s) : G.A. Sushila Devi .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
Act before the concerned authority within two weeks from today along with the certified copy of this order before the authority concerned, the 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 7, 2026 Mustaqeem. NA528 No. 43574 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad