Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5366 of 2019 Petitioner :- Bahadur Singh Respondent :- State Of U.P. And 2 Othrs Counsel for Petitioner :- Rajesh Kumar Yadav Counsel for Respondent :- G.A.,Chandan Agarwal
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Rajesh Kumar Yadav, learned counsel for the petitioner, Sri Chandan Agarwal, learned counsel for the Power Corporation and Sri A.N. Mulla, learned A.G.A.
This writ petition has been field with a prayer to issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 21.9.2018 registered as Case Crime No. 1894 of 2018 under sections 135-1(a) Electricity Act, P.S. Loni District Ghaziabad.
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 Investigating Officer to arrest the petitioner.
With the above direction, this petition is finally disposed of.
Order Date :- 28.2.2019 Ram Murti