Court No. - 45
Case :- APPLICATION U/S 482 No. - 38626 of 2018 Applicant :- Kishan Lal Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mahendra Kumar Yadav,Harish Chandra Pal Counsel for Opposite Party :- G.A.,Kapil Dev Singh Rathore
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Ajay Upadhyay, Advocate holding brief of Shri Kapil Dev Singh Rathore, learned counsel for O.P. No.2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 5.11.2016 submitted in Case No. Nil (State Vs. Shri Kishan Lal ), arising out of Case Crime No. 247 of 2016, under Section- 138(B) Indian Electricity Act (Amendment) 2003, Police Station- Sirauli, District- Bareilly, pending in the court of Special Judge, E.C. Act, Bareilly.
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 22.01.2018.
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, upto 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 and deposit the compounding charges.
iii) any amount that may have been deposited either towards electricity dues or compounding charges may be adjusted against the amount that may be claimed against the applicant.
iv) upon proof of payment of the electricity dues and 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.
v) 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.
vi) 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 :- 26.10.2018 T. Sinha