Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26816 of 2018 Petitioner :- Gaya Bind Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Kant Mishra,Vinod Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shashi Kant Mishra, learned counsel for the petitioner, Sri Gauri Shankar Yadav, learned counsel for the Power Corporation and Sri N.K. Verma, learned A.G.A. for the State and perused the record.
This petition has been filed with the prayer to quash the FIR dated 29.06.2018 in case crime no.0505 of 2018 u/s 135 Indian Electricity (Amendment) Act, P.S. Handia, District Allahabad.
Learned counsel for the petitioner submitted that there has been some dispute between the petitioner and the Power Corporation with respect to electricity settlement dues for which the present proceeding has been filed by the Power Corporation for malicious prosecution. The offence is compoundable and the petitioner is ready to settle the dispute.
Learned counsel for respondent no.3 as well as learned AGA disputed the contention of learned counsel for the petitioner and submit that there has been some dispute regarding the dues in question but they may approach the authority concerned for settlement outside the Court as there is provision under Section 152 of the Electricity Act for compounding the offence to which learned counsel for the petitioner is ready to participate for compounding the proceeding before the respective authority.
Considering the submissions made by learned counsel for the parties, the petitioner is directed to file an application within three weeks from today before the authority concerned for settlement of dispute of electricity dues between the petitioner and respondent no.3. The concerned authority shall allow the proceeding for compounding the dispute and shall pass appropriate orders within three weeks thereafter in accordance with law positively.
For a period of six weeks, no coercive action shall be taken against the petitioner in the aforesaid case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Madhurima