# Pintoo Singh @ Prashant Singh v. State Of U.P. & Anr - **Citation:** (2016) 6 ILRA 353 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2016-06-20 - **Bench:** Surya Prakash Kesarwani - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/pintoo-singh-prashant-singh-v-state-of-u-p-anr-43959 - **Pages:** 4 ## Headnote CRIMINAL PROCEDURE - Section 482 Cr.P.C. - Quashing of charge-sheet - Electricity theft - Compounding under Section 152, Electricity Act, 2003 - Effect of payment of compounding charges. (Paras 2-4, 9) ELECTRICITY ACT, 2003 - Section 152 - Compounding of offence - Non-obstante clause - Overriding effect over Cr.P.C. - Payment of compounding amount - No proceedings shall be instituted or continued - Deemed acquittal under Section 300 Cr.P.C.(Paras 7-8) COMPUNDING OF OFFENCE - Deposit of compounding charges pursuant to notice issued by Executive Engineer - Verification by Trial Court necessary - Liberty granted to move appropriate application before Court below. (Paras 6, 9) INHERENT JURISDICTION - Instead of quashing proceedings directly, liberty granted to applicant to approach trial court with proof of deposit - Time-bound direction issued. (Paras 4, 911) INTERIM PROTECTION - Further proceedings kept in abeyance for limited period pending decision by Court below. (Para 10) IN RESULT: Application under Section 482 Cr.P.C. disposed of. ## Text 6 All. Pintoo Singh @ Prashant Singh Vs State Of U.P. & Anr. 353 female Pradhan would be against the interest of this social and constitutional philosophy, hence the said possible argument deserves to be rejected outright. 26. It would also otherwise impede the exposure and the functioning of the directly elected representative who is intended and authorized to function as the Village Pradhan under the direct will of the people read with the legal provisions aforesaid. Any other person trying to pose himself or herself to be a Village Pradhan as a substitute may also give rise to a situation of a criminal liability as well. Thus, the responsibility and obligation of the Village Pradhan being individual which cannot be delegated in any form to the family members or to the husband as in the present case, deserves to be notified to all concerned Village Pradhans in the entire State in order to ensure their effective functioning and also to avoid any such embarrassment or ignominy in future in the discharge of such official functions that may give rise to legal complications. 27. We therefore direct the respondent No.1 as also the Secretary, Panchayat Raj, Government of U.P. to take notice of this judgment and issue necessary executive directions that may be required in this regard forewarning all Village Pradhans through the respective authorities in all the districts of the State of U.P. with regard to their discharge of official functions and duties as observed here-in-above. 28. We however find that the petitioner in his own capacity individually could not have maintained such a petition but since the prayer made is in the larger interest of the villagers for grant of license for ensuring an effective public distribution system through the procedure prescribed under law, we leave it open to the respondent No.4 to examine this and to take necessary steps in case the license has already not been granted for implementing the Government Order dated 17.8.2002 as well as the subsequent Government Orders in their true letter and spirit after following the due procedure prescribed therein within a reasonable time expeditiously. 29. The writ petition stands disposed off with the said observations. --------- ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 20.06.2016 BEFORE THE HON'BLE SURYA PRAKASH KESARWANI, J. Application U/s 482 No.- 18835 Of 2016 Pintoo Singh @ Prashant Singh ...Applicant Versus State Of U.P. & Anr. ...Respondents Counsel for the Applicant: Jeevan Prakash Sharma 354 INDIAN LAW REPORTS ALLAHABAD SERIES Counsel for the Respondents: G.A CRIMINAL PROCEDURE - Section 482 Cr.P.C. - Quashing of charge-sheet - Electricity theft - Compounding under Section 152, Electricity Act, 2003 - Effect of payment of compounding charges. (Paras 2-4, 9) ELECTRICITY ACT, 2003 - Section 152 - Compounding of offence - Non-obstante clause - Overriding effect over Cr.P.C. - Payment of compounding amount - No proceedings shall be instituted or continued - Deemed acquittal under Section 300 Cr.P.C.(Paras 7-8) COMPUNDING OF OFFENCE - Deposit of compounding charges pursuant to notice issued by Executive Engineer - Verification by Trial Court necessary - Liberty granted to move appropriate application before Court below. (Paras 6, 9) INHERENT JURISDICTION - Instead of quashing proceedings directly, liberty granted to applicant to approach trial court with proof of deposit - Time-bound direction issued. (Paras 4, 911) INTERIM PROTECTION - Further proceedings kept in abeyance for limited period pending decision by Court below. (Para 10) IN RESULT: Application under Section 482 Cr.P.C. disposed of. (Delivered by Hon'ble Surya Prakash Kesarwani, J.) 1. Heard Sri J.P. Sharma, learned counsel for the applicant and Sri Nitin Srivastava, learned A.G.A. for the State respondents. 2.This application under Section 482 Cr.P.C. has been filed praying to quash the charge sheet no.85/2013 dated 24.4.2013 (State Vs. Pintoo and another) in Case No.114/2013 arising out of Case Crime No.165/2013 under Section 135 Electricity Act, P.S. Lanka District Varanasi which is said to be pending in the Court of Special Judge E.C. Act, Varanasi and the Court has taken cognizance on 1.7.2013. 3. Learned counsel for the applicant submits that as per provisions of Section 152 of the Electricity Act, 2003, the applicant, pursuant to the bill/notice issued by the Executive Engineer, U.P. Power Corporation Ltd., Varanasi dated 25.4.2013 for a sum of Rs.60,000/- towards compounding charges under Section 152(1) of the Act; has deposited the compounding charges vide receipt No.308989/30 dated 25.4.2013 and as such in view of the provisions of Section 152(2) of the Act the criminal proceedings instituted against the applicant can not be continued. 4. Learned A.G.A. submits that this application may be disposed of granting liberty to the applicant to move an application before the Court concerned where aforesaid criminal case is pending, bringing to its notice the deposit of compounding charges and the provisions of Section 152 of the Act and the said court may take appropriate decision in accordance with law within a time bound period. 6 All. Pintoo Singh @ Prashant Singh Vs State Of U.P. & Anr. 355 5. I have carefully considered submissions of the learned counsel for the parties. It is undisputed that a case of Electricity theft was registered against the applicant as mentioned above. It appears that that subsequently charge sheet No.85/2013 dated 24.4.2013 was submitted. 6. It is the case of the applicant that Executive Engineer U.P. Power Corporation Ltd. Varanasi itself has issued a notice dated 25.4.2013 for depositing the compounding charges of Rs. 60,000/- and the compounding charges were deposited by the applicant vide receipt No. 308989/30 dated 25.4.2013. 7. Section 152 of the Act is reproduced below: 152. Compounding of offences: --- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,(2 of 1974 the Appropriate Government or any officer authorized by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity under this Act, a sum of money by way of compounding of the offence as specified in the Table below: Nature of Service Rate at which sum of money for Compounding to be collected per Kilowatt(KW)/Horse Power(HP) or part thereof for Low Tension (LT) supply and per Kilo Volt Ampere(KVA) of contracted demand for High Tension (HT) 1 2 1. Industrial Service twenty thousand rupees; 2. Commercial Service ten thousand rupees; 3. Agricultural Service two thousand rupees; 4. Other Services four thousand rupees: Provided that the Appropriate Government may, by notification in the Official Gazette, amend the rates specified in the Table above. (2) On payment of the sum of money in accordance with sub-section (1), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any Criminal Court. 356 INDIAN LAW REPORTS ALLAHABAD SERIES (3) The acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the Appropriate Government or an officer empowered in this behalf empowered in this behalf shall be deemed to amount to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973 (2 of 1974). (4) The Compounding of an offence under sub-section (1) shall be allowed only once for any person or consumer. 8. Perusal of the provisions of Section 152(2) clearly indicates that on payment of the sum of money in accordance with sub-Section (1) any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court. The provisions of Section 152(1) starts with a non-obstante clause which has overriding effect over the provisions of Cr.P.C. The acceptance of the compounding charges for offence in accordance with sub Section (1) by the appropriate authority empowered in this behalf shall be deemed to amount to an acquittal within the meaning of Section 300 of the Code of Criminal Procedure, 1973. Sub Section 4 of Section 152 further provides that compounding of an offence under sub-section (1) shall be allowed only once for any person or consumer. 9. In view of the provisions of Section 152 of the Act and the facts pleaded by the applicant that pursuant to the notice dated 25.4.2013 issued by the Executive Engineer U.P. Power, Corporation Ltd., Varanasi the compounding charges of Rs. 60,000/- has been deposited, it appears appropriate to dispose of this application granting liberty to the applicant to move an appropriate application before the Court below along with proof of deposit of compounding charges within two weeks from today and on presentation of such application the Court below, after due verification; shall pass appropriate order in the light of the provisions of Section 152 of the Act, within a further period of 6 weeks. 10. For a period of eight weeks further proceedings in the aforenoted case No.114 of 2013 shall be kept in abeyance against the applicant. 11. With the aforesaid direction this application is disposed of. --------- ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 22.06.2016 BEFORE THE HON'BLE PRATYUSH KUMAR, J. Application U/s 482 No.- 19029 Of 2016 Nagesh Shukla ...Applicant Versus State Of U.P & Anr. ...Respondents