Court No. - 49
Case :- APPLICATION U/S 482 No. - 46886 of 2018 Applicant :- Hakeem Nafees Ahmad Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Pranjal Mehrotra
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner 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 impugned cognizance order dated 26.7.2018 passed by the Additional District and Sessions Judge, Court No. 1, Amroha as well as the charge sheet dated 16.8.2016 submitted by the Investigating Officer concerned in Criminal Case No. 175 of 2018(State Versus Nafees Ahmad Khan) arising out of Case Crime No. 244 of 2016 under section 135 of Indian Electricity Act (Amendment) 2003, P.S. Hasanpur district J.P. Nagr pending in the court of Additional District and Sessions Judge, Court No. 1 J.P. Nagar.
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.)