Court No. - 1
Case :- APPLICATION U/S 482 No. - 25064 of 2018 Applicant :- Chandra Prakash @ Prithvi Pal Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Bakhteyar Yusuf Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Bakhteyar Yusuf, learned counsel for the applicant and Sri R.S Umrao, learned counsel for the Power Corporation, Sri G.P. Singh, learned A.G.A. for the State and perused the record.
The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the Charge sheet No. 187 of 2017 dated 03.11.2017 and FIR dated 15.10.2017, in case crime no. 383 of 2017, u/s 138 (B) Indian Electricity Act, 2003, P.S. Pipri, district Kaushambi pending before the learned Additional District & Sessions Judge, Court No. 4, Kaushambi.
It is submitted by learned counsel for the applicant that there is some dispute between the applicant and the Electricity Department with respect to electricity settlement dues for which the present proceeding has been filed by the Electricity Department for a malicious prosecution. The applicant undertakes to clear all the electricity dues of the disputed bills.
Learned counsel for the respondent no.2 as well as learned AGA opposed the prayer for quashing of the charge sheet.
Considering the facts and circumstances of the case, we dispose of the present petition with the direction that the applicant shall file and pursue their representation for settling the disputed bills before the concerned authority, who shall also decide the matter within one month from the date of production of certified copy of this order in accordance with law.
For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.
With the above direction, this application is finally disposed of.
Order Date :- 25.7.2018 VG..