Court No. - 38
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5600 of 2021 Applicant :- Ajay Rastogi Opposite Party :- Rakesh Pandey,Special Judge Counsel for Applicant :- Rajesh Kumar Tiwari
Hon'ble Jayant Banerji,J.
Heard Shri Rajesh Kumar Tiwari, learned counsel for the applicant and Shri Sudhir Mehrotra, learned Special Counsel appearing for the opposite party.
The present contempt application has been filed alleging non- compliance of an order dated 11.01.2021 passed by the Court in Application u/s 482 No.488 of 2021 (Ajay Rastogi v. State of U.P. & Anr.). The order dated 11.01.2021 is as follows:-
"Heard learned counsel for the applicant, learned AGA for the State, Shri Awadesh Kumar, learned counsel for opposite party No.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet No.A-113 of 2019 dated 13.07.2019 and cognizance dated 20.12.2019 as well as the further proceeding of Case No.759 of 2019 (State Vs. Ajay Rastogi), under Section 135 of Electricity Act arising out of Case Crime No.0155 of 2019, Police Station- Jaitpura, District- Varanasi.
It is contended by the learned counsel for the applicant that the offence in question is compoundable and the applicant is ready to compound the same, provided sometime may be given to him.
After hearing the learned counsel for the parties and on perusal of the material available on record this Court is of the opinion that no useful purpose would be served in keeping this petition pending, which is finally disposed off, with liberty to the applicant to move an appropriate application under the relevant provisions of Electricity Act for compounding, before the concerned authority within 15 days from today. If such an application is moved by the applicant the same shall be considered and decided, most expeditiously, in accordance with law, after hearing the parties concerned, preferably within a period of one month.
For a period of two months or till the disposal of the aforesaid application, no coercive action shall be taken against the applicant in the aforesaid case.
If the applicant does not move the application as aforesaid within the aforesaid period, the interim protection granted above shall automatically be vacated.
With the aforesaid directions, this application u/s 482 is disposed of finally."
On a query being put to the learned counsel for the applicant, he has stated that by means of a representation dated 25.01.2021, which has been enclosed as Annexure-4 to the affidavit filed in support of the application, the application for compounding was moved before the concerned authority within a period of 15 days from 11.01.2021 as was provided by the order of the Court.
Shri Mehrotra, learned Special Counsel for the opposite party states that this application for compounding has been addressed to the Executive Engineer, which is not a proper authority contemplated under Section 152 of the Electricity Act, 2003 for compounding of offence.
When queried, the learned counsel for the applicant is unable to demonstrate that the Executive Engineer, to whom the application dated 25.01.2021 has been addressed, is an officer authorised by the appropriate Government for compounding of offence under Section 152 of the Electricity Act.
In view of the aforesaid, no case for contempt on the opposite party is made out. This is a frivolous application.
The contempt application is devoid of merit and is, accordingly, dismissed.
Order Date :- 23.12.2021 SK (Jayant Banerji, J.)