Court No. - 79
Case :- APPLICATION U/S 482 No. - 22392 of 2021 Applicant :- Krishna Kumar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- G.A.,Udit Chandra
Hon'ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application (u/s 482 Cr.P.C.) has been filed with a prayer to quash the entire proceeding of Criminal Case No.37 of 2006 (Power Corporation vs. Krishna Kumar Jaiswal) arising out of Case Crime No.1338 of 2005, under Section 135 of Electricity Act, Police Station Line Bazar, District Jaunpur, and also the order dated 26.02.2021, pending in the court of Additional Session Judge, Court No.4/E.C. Act, Jaunpur, along with the further prayer to stay the further proceeding of the aforesaid case.
It is submitted by learned counsel for the applicant that there has been some dispute between the applicant and the Electricity Department with respect to electricity settlement dues for which the present proceeding has been filed by the Electricity Department for a malicious prosecution. He further submits that the applicant undertakes to approach the competent authority for compounding the offence.
Learned counsel appearing on behalf of the Electricity Department and learned A.G.A. submitted that there is provision under Section 152 of the Electricity Act for compounding the offence to which the learned counsel for the applicant is ready to participate for compounding the proceeding before the authorities concerned.
Considering the facts and circumstances of the case, we dispose of the writ petition with the direction that the applicant shall file his application/ representation for compounding before the concerned authority, who shall also decide the matter within one month from the date of production of certified copy of this order in accordance with law.
For period of one month or till disposal of application for compounding whichever is earlier, no coercive action shall be taken against the applicant.
Order Date :- 22.12.2021 A.P. Pandey