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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42764 of 2026 Court No. - 73 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for applicant, Ms. Sakshi Shukla, Advocate, holding brief of Shri Baleshwar Chaturvedi, 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 for quashing of cognizance order dated 23.01.2018, charge sheet dated 08.11.2017 along with non bailable warrant order dated 25.07.2025 issued in Special Trial No. 437 of 2018, arising out of Case Crime No. 984 of 2017, under Section 138(B) of Electricity Act, Police Station Sikandra, District Agra, pending in the court of learned Special Judge (E.C. Act), Agra. 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 same shall be considered and decided by the authority concerned as Versus Counsel for Applicant(s) : Abhishek Kapariya, Shubhankar Singh Counsel for Opposite Party(s) : G.A. Satyaveer Singh .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
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. 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. 42764 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad