Court No. - 52
Case :- APPLICATION U/S 482 No. - 6225 of 2018 Applicant :- Narayan Hari Awasthi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, Sri Baleshwar Chaturvedi, 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 charge sheet no. 577 of 2013 dated 22.12.2013 as well as entire proceeding of Case No.407 of 2016 (State vs. Narayan Hari Awasthi) arising out of Case Crime No. 2934 of 2013, under Section 135 Electricity Act, P.S. Kotwali 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.In support thereof, learned counsel for the applicant has filed a letter issued by Executive Engineer, EDD1, Orai at Jalaun. According to which, entire dues including penalty has been deposited by the applicant and the department has no objection if the prosecution against the applicant is set at rest.
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 in this behalf 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 :- 26.2.2018 MN/-