Court No. - 52
Case :- APPLICATION U/S 482 No. - 10197 of 2018 Applicant :- Jai Prakash Tiwari Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, Sri Lakshman Singh, counsel for opposite party no. 2, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.257 of 2015, State Vs. Jai Prakash Tiwari, under Section 135 Indian Electricity Act at Police Station Kadaura, District Jalaun pending in court of Special Judge E.C. Act Orai, District Jalaun.
The contention of learned counsel for the applicant is that he is being prosecuted for the offence u/s 135 Electricity Act and the entire amount due towards him has been paid including compounding fee and therefore in view of the fact that section 135 is compoundable offence, proceeding of the present case be quashed.
Learned counsel for opposite party no. 2 stated that he has no objection if the proceedings are quashed as the entire amount has been deposited.
Be that as it may; undoubtedly offence u/s 135 E.C. Act is compoundable one. The court below is directed to pass appropriate order if the opposite party no. 2 agrees within a period of two months from today in accordance with law. For a period of two months, no coercive action shall be taken against the applicant.
With the aforesaid observations, the application is disposed of.
Order Date :- 29.3.2018 Ram Murti