Court No. - 49
Case :- APPLICATION U/S 482 No. - 24753 of 2018 Applicant :- Jitendra Kumar Bhati Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.,Chandan Agarwal
Hon'ble Saumitra Dayal Singh,J.
The present 482 Cr.P.C. application has been filed to quash/set aside the cognizance order dated 24.08.2017, taken by 1st Additional District and Sessions Judge, Gautam Budh Nagar as well as the impugned charge sheet dated 18.12.2016, submitted Investigating Officer Criminal Case No.333/2016, arising out of Case Crime No. 375//2016, under section 135(e) Electricity Act, 2003, Police Station Bisrakh, District Gautam Budh Nagar.
It has been stated that the offence alleged is compoundable. The applicant is ready to settle the matter with the opposite party no. 2. Reliance has also been placed on a recent Supreme Court decision in the case of Suresh Ganpati Halvankar Vs. The State of Maharashtra & Ors. in Criminal Appeal No. 156 of 2018, decided on 22.1.2018.
Considering the above, the present application is disposed of with the following directions:
i) the applicant shall pay up the entire electricity dues as claimed, up to date, within a period of three weeks from today.
ii) upon payment of the electricity dues, the applicant shall, within a week therefrom file before the learned court below an application seeking compounding of the offence, as alleged.
iii) upon proof of payment of the electricity dues and the compounding fees, 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.
iv) 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.
v) 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.
With the aforesaid directions, the present application is disposed of.
Order Date :- 21.8.2018 Jitendra