Court No. - 67
Case :- APPLICATION U/S 482 No. - 7162 of 2019 Applicant :- Haribabu And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and Sri D.N.Singh Advocate holding brief of Sri Baleshwar Chaturvedi, learned counsel for the Electricity Department and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 26.10.2016 in case crime no. 147 of 2016, under Section 138 and 139 Electricity Act and Section 427 IPC, P.S. Rendhar, District Jalaun.
Learned counsel for the applicants has submitted that the offence is compoundable in nature.
Thus, the prayer for quashing the cognizance order, charge sheet as well as entire proceeding is declined.
There is an alternative remedy provided to the applicant to raise their grievance, if any, under Section 152 of the Indian Electricity Act.
In the event, if the applicants approach the relevant authority of Electricity Department with an applicant and deposits the entire compoundable fee within a period of 15 days from receipt of the certified copy of this order and raises his factual grievance before the concerned Authority, same shall be decided by the authority with a speaking and reasoned order within a period of eight weeks after providing the opportunity of hearing to both the parties.
Till such time the application for compounding is not decided by the authority, no coercive action shall be taken against the applicants pursuant to the present charge sheet.
The application under Section 482 Cr.P.C. is accordingly disposed off.
Order Date :- 22.2.2019 Abhishek Sri.