Court No. - 44
Case :- APPLICATION U/S 482 No. - 45374 of 2018 Applicant :- Chand Kushwaha Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Girish Chandra Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Girish Chandra Maurya, learned counsel for the applicant, and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of the Criminal Case as well as charge sheet dated 24.12.2017 in Criminal Case No. 1184 of 2018 (State Vs. Chand Kushwaha) arising out of Case Crime No. 0592 of 2017, under Section136 of Indian Electricity (Amendment) Act, 2003, Police Station Jhunsi, District Allahabad, pending in the Court of Additional Session Judge/Special Judge (E.C.) Act, Allahabad.
Learned counsel for the applicant has submitted that the applicant is challenging the charge sheet dated 24.12.2017 and the the offence is compoundable in nature. He further submits that he is ready for compounding under section 152 of the Electricity Act.
Under circumstances of the electricity Act, if he deposits stipulated sum for compounding within a period of one month the concerned authority would decide the case after hearing the defence and all other material by speaking and well reasoned order.
In the event, if the applicant approaches the relevant authority of Electricity Department with an application and deposits the entire compounding fees, the same shall be decided by the Authority with a reasoned order within a period of one month thereafter after affording the opportunity of hearing to the consumer-applicant.
Till such time the application for compounding is not decided by the authority, no coercive action shall be taken against the applicant.
The application under section 482 Cr.P.C., is accordingly disposed of.
Order Date :- 19.12.2018 Ashok Gupta