Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15748 of 2019 Petitioner :- Amit Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyam Narayan Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for petitioner, Sri G. S. Yadav, learned counsel appearing for Power Corporation, learned A.G.A. for State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed with a prayer to quash the impugned F.I.R. dated 7.5.2019 registered as Case Crime No. 0353 of 2019, under Section 135 of Electricity Act, Police Station Kankerkheda, District Meerut.
All the contentions raised on behalf of the accused relate to disputed questions of fact and cannot be adjudicated upon at this stage in exercise of writ jurisdiction. 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 as this case does not fall even in any of the categories recognized by the Apex Court in Bhajan Lal's case, which may justify interference by this Court.
However, learned counsel for the petitioner submits that the offences involved are compoundable and the petitioner is ready to deposit the compounding amount.
Learned counsel appearing on behalf of Electricity Department and learned A.G.A. have also submitted that there are provisions in the Electricity Act for compounding the offence and they have no objection, if petitioner seeks and participates in compounding proceedings before the authorities concerned.
Considering the facts and circumstances of the case, we dispose of the writ petition with the direction that the petitioner shall file his application/representation within two weeks from today for compounding before the concerned authority, who shall make an endeavour to decide the matter within two months from today in accordance with law.
For period of two months or till the submission of police report under Section 173(2) Cr.P.C. whichever is earlier, the petitioner shall not be arrested in the aforesaid case.
Order Date :- 3.6.2019 RavindraKSingh