Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20125 of 2018 Petitioner :- Balveer Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Bajpai,Sanjay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Baleshwar Chaturvedi, learned counsel appearing on behalf of U.P. Power Corporation.
This writ petition has been filed by the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing the FIR dated 15.02.2017 registered as Case Crime no. 157 of 2007 under section 135 of the Indian Electricity Act (Amendment 2003), P.S. Vrindawan, District Mathura.
From the perusal of the FIR, 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 FIR. Therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submission made by the learned counsel for the petitioners that the above mentioned offence is compoundable and the petitioners are ready to deposit the compounded amount, it is directed that in case the petitioners move 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 petitioners 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 petitioners deposit the compounded amount in the manner as mentioned above, the petitioners 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 petitioners.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.7.2018 RPD