Court No. - 67
Case :- APPLICATION U/S 482 No. - 5440 of 2019 Applicant :- Mohammad Javed And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vivekanand Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Appearance slip filed by Sri Kapil Dev Singh Rahore on behalf of opposite party no. 2 and supplementary affidavit filed by Sri Vivekanand Yadav, learned counsel for the applicant today, are taken on record.
Heard learned counsel for the applicant, Sri Kapil Dev Singh Rathore, learned counsel for opposite party no. 2 and the learned A.G.A.
The applicant is challenging the charge sheet no. 149 of 2018 dated 28.08.2018 under Section 135 of Indian Electricity Act, 2003 as well as the entire criminal proceedings initiated in Case No. 02 of 2018 (State v. Javed Ali) arising out of Case Crime No. 177 of 2018, P.S. Lar, District Deoria pending in the court of the IV-Additional Session Judge, Deoria.
Learned counsel for the applicant has stated that the offence is compoundable in nature.
Thus, the prayer for quashing the cognizance order, charge-sheet as well as entire proceeding is declined.
There is an alternative remedy provided to the applicant to raise his grievance, if any, under Section 152 of Indian Electricity Act.
In the event, if the applicant approaches the relevant authority of Electricity Department with an application and deposits the entire compounding fee within a period of 15 days from receipt of certified copy of this order and raises his factual grievance before the concerned Authority, same shall be decided by the authority with a speaking and reasoned order within a period of eight weeks after providing the opportunity of hearing to both the parties.
Till such time the application for compounding is not decided by the authority, no coercive action shall be taken against the applicant pursuant to the present charge-sheet.
The application under section 482 Cr.P.C., is accordingly disposed of.
Order Date :- 26.2.2019 shailesh