Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20180 of 2018 Petitioner :- Anwar @ Anwar Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Pandey Counsel for Respondent :- G.A.,Baleshwar Chaturvedi
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and Shri Baleshwar Chaturvedi appearing for respondent no.3.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 17.05.2018 registered as Case Crime No.440 of 2018, under Section 135 of Electricity Act, Police Station Sikandra, District Agra.
From a 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 interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions 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 appliation as mentioned above and to deposit the amount as directed above, it shall be open to the Investigating Officer to arrest the petitioner.
With the above direction, this petition is finally disposed of.
Order Date :- 27.7.2018 Anand Sri./-