Court No. - 49
Case :- APPLICATION U/S 482 No. - 24641 of 2018 Applicant :- Indu Shekhar Pathak Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Mahboob Ahmad, learned counsel for Power Corporation.
The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet dated 25.11.2016 and the order dated 8.11.2017, in Case Crime No. 0687 of 2016, under section 138(B) of Electricity Act, registered at Police Station- Cholapur, District Varanasi, pending before learned Special Judge (E.C. Act), Varanasi.
Learned counsel for the applicant submits that insofar as the arrears are concerned, the applicant had applied for one time settlement, and upon computation made by the respondents, certain amount had been demanded and applicant had deposited the same. Upon proof of the same, certain documents have been annexed as Annexure no. 7 of the present application, which are in the nature of the demand created for one time settlement, and deposit of such amount.
Shri Mahboob Ahmad, learned counsel for Power Corporation does not dispute the correctness of the submissions advanced by the learned counsel for the applicant to that extent, however, he submits that insofar as the offence is compoundable, and applicant may still be required to pay the compounding fees, if he is desirous to bring closure of the present case, otherwise, it would remain open to the applicant to seek his defence before the learned court below.
Accepting the suggestion advanced by the learned counsel for the Power Corporation, learned counsel for the applicant submits that the applicant may be granted an opportunity to seek compounding of the offence upon deposit of the compounding fees only.
Considering the above, the present application is disposed of with the following directions:
i) the applicant shall continue to pay the current and future electricity charges.
ii) upon proof of payment of the compounding charges, if any, the learned Court below shall decide the application for compounding filed by the applicant, in accordance with law before proceedings further, with the trial.
iii) for a period of one month from today, and in the event of continued compliance being made by the applicant (of this order and also of the further directions that may be issued by the learned court below, within time as may be granted by it), coercive measures may not be adopted against the applicant till disposal of the compounding application.
iv) in the event of default on part of the applicant, the protection being granted by this order shall stand lifted and the applicant may be dealt with as if this order had not been passed.
Order Date :- 26.7.2018 Prakhar