Court No. - 52
Case :- APPLICATION U/S 482 No. - 6132 of 2018 Applicant :- Aslam Opposite Party :- State Of Up And Another Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri M.P.S. Chauhan, learned counsel for the applicant, Sri S.C. Pandey, learned counsel for the power corporation and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 12.4.2017 in Case no. 72 of 2018, Case crime no. 305 of 2017 (State vs. Aslam) u/s 138(1)(b) of Electricity Act, P.S. Delhigate, Aligarh.
Learned counsel for the applicant has submitted that the applicant is being prosecuted under the provisions of Section 138 (B) of Indian Electricity Act. He further submitted that his client has instructed him that he is ready to pay entire amount due towards the applicant and also the penalty and other charges to the department.
It is also contended that Hon'ble Apex Court in Criminal Appeal No.(s) 156 of 2018 (Suresh Ganpati Halvankar Vs. The State of Maharashra and others) has held that Section 138(B) of Indian Electricity Act is compoundable offence.
In view of above, the trial court seized with the matter, if satisfied that entire dues have been cleared as stated and the department has also no objection for quashing the proceeding, it may pass appropriate orders in accordance with law within a period of two months.
For a period of two months from today, no coercive action be taken against the applicant.
With the aforesaid observation, the application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 23.2.2018 Dhirendra/