Court No. - 49
Case :- APPLICATION U/S 482 No. - 46899 of 2018 Applicant :- Gulfam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Narayan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner, Sri Gauri Shanker, learned counsel for the Power Corporation, and learned A.G.A for the State and perused the record.
The petitioner, through the present petition under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the charge sheet No. 1 of 2017 in S.S.T. 297 of 2017( State Versus Gulfam) arising out of Case Crime No. 683 of 2016 under section 135(1)(E) of Electricity Act P.S. Bhognipur district Kanpur Dehat pending in the court of IV Additional District and Sessions Judge, Kanpur Dehat.
Learned counsel for the petitioner contended 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 a malicious prosecution. The offence is compoundable and the petitioner is ready to settle the dispute.
Learned AGA has disputed the contention of the learned counsel for the petitioner that there has been some dispute regarding the dues in question but he may approach the authorities concern for settlement outside the Court as there is provision under Section 152 of the Electricity Act for compounding the offence to which the learned counsel for the petitioner is ready to participate for compounding the proceeding before the authorities.
Considering the submissions made by learned counsel for the petitioner, the petitioner is directed to file an application within three weeks from today before the Magistrate concerned for settlement of dispute of electricity dues between the petitioner and opposite party no.2. Learned Magistrate shall allow the proceeding for compounding the proceeding and shall pass appropriate orders within four weeks thereafter in accordance with law positively.
For a period of seven weeks, no coercive action shall be taken against the petitioner.
With the above direction, this application is finally disposed of.
Order Date :- 21.12.2018 N.A.
(Vivek Chaudhary,J.)