Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22864 of 2018 Petitioner :- Anas Hasan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwani Kumar Mishra,Shailesh Singh Yadav Counsel for Respondent :- G.A.,Mahboob Ahmad
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashwani Kumar Mishra, learned counsel for the petitioner, learned A.G.A. and Sri Baleshwar Chaturvedi, learned counsel appearing on behalf of U.P. Power Corporation.
This writ petition has been field by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 14.05.2018 registered as Case Crime No.0113 of 2018 under Section 135 of the Indian Electricity Act (Amendment 2003), P.S.- Khaga, District Fatehpur.
Learned counsel for the petitioner submitted that there has been some dispute between the petitioner and the Power Corporation with respect to electricity settlement dues for which the present proceeding has been filed by the Power Corporation for a malicious prosecution. The offence is compoundable and the petitioner is ready to settle the dispute.
Learned counsel for the respondent no.3 as well as learned AGA disputed the contention of the learned counsel for the petitioner that there has been some dispute regarding the dues in question but they may approach the authorities concerned for settlement outside the Court as there is provision under Section 152 of the Electricity Act for compounding the offence to which the learned counsel for the petitioner is ready to participate for compounding the proceeding before the authorities.
Considering the submissions made by learned counsel for the parties, the petitioner is directed to file an application within three weeks from today before the authorities concerned for settlement of dispute of electricity dues between the petitioner and respondent no.3. The concerned authority shall allow the proceeding for compounding the proceeding and shall pass appropriate orders within three weeks thereafter in accordance with law positively.
For a period of six weeks, no coercive action shall be taken against the petitioner in the aforesaid case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 23.8.2018 Madhurima