Court No. - 52
Case :- APPLICATION U/S 482 No. - 6238 of 2018 Applicant :- Dileep Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vijay Singh Sengar, learned counsel for the applicant, Sri Baleshwar Chaturvedi, 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 no. 57 of 2015 dated 18.2.2015 as well as entire proceeding in Case No.141 of 2015 (State Versus Dileep) arising out of Case Crime No.80 of 2015 under Section 138(B) of Electricity Act, P.S. Kalpi, District Jalaun.
Learned counsel for the applicant has submitted that the applicant is being prosecuted under the provisions of Section 138 (B) of Indian Electricity Act.The entire amount due towards the applicant and also the penalty and other charges have been deposited in the department. In this behalf, a letter dated 1.2.2018 has been sent by the Executive Engineer which is annexed as Annexure-3 to the affidavit with the averment that department has no objection if the proceedings are dropped as the applicant accused has deposited entire amount including compounding fees and other dues.
It is also contended that Hon'ble Apex Court in Criminal Appeal No.(s) 156 of 2018 (Suresh Ganpati Halvankar Versus 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, further proceedings in aforesaid case shall remain in abeyance.
With the aforesaid observation, the application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 26.2.2018 MN/-