Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37823 of 2018 Petitioner :- Alok Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Singh,Abhai Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard the learned counsel for the petitioner, learned A.G.A. and Sri R.S. Umrao, learned counsel appearing on behalf of U.P. Power Corporation.
This petition has been field by the petitioner with a prayer to quash the F.I.R. dated 28.11.2018 registered as Case Crime no. 0483 of 2018 under section 138 of Indian Electricity Act (Amended) 2003, Police Station- Kotwali, District-Ghazipur.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein, prima facie, cognizable offence is made out. There is no ground for interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submission made by the learned counsel for the petitioner that the above mentioned offence is compoundable and the petitioner is ready to deposit the compounded amount, it is directed that in case the petitioner moves an application before the authority concerned within one week from today for compounding the offence, the authority concerned of the Electricity Department shall be summoned by the court concerned within two weeks thereafter for the purpose of submitting the compounding report.
The authority concerned shall submit the compounding report within 15 days thereafter. The petitioner shall deposit the compounded amount within three weeks thereafter. Upon receipt of the compounding report the authority concerned shall pass appropriate order within a period of three weeks.
In case the petitioner deposits the compounded amount in the manner as mentioned above, the petitioner shall not be arrested in the aforesaid case for a period of three months from today. In default of moving the application as mentioned above and to deposit the amount as directed above, it shall be open to the I.O. to make arrest of the petitioner.
With the above direction this petition is finally disposed of.
Order Date :- 21.12.2018 JK Yadav