Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30612 of 2018 Petitioner :- Nazo Bi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mandeep Singh Counsel for Respondent :- G.A. Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. and Sri Gauri Shankar Yadav, learned counsel appearing on behalf of respondent no. 4.
This petition has been field by the petitioners with a prayer to quash the F.I.R. which has been registered as case crime no. 1416 of 2018 under sections-323, 504, 506, 427, 332, 353 IPC 135 of the Electricity Act and Section-135 of Indian Electricity (Amendment) Act, 2003 at P. S.- Baradari, Distric-Bareilly.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein, prima facie, cognizable offence is made out. There is no ground for interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However,considering the submission made by the learned counsel for the petitioners that the above mentioned offence is compoundable and the petitioners are ready to deposit the compounded amount, it is directed that in case the petitioners move an application before the authority concerned within four weeks from today for compounding the offence, the authority concerned of the Electricity Department shall be summoned by the court concerned within two weeks thereafter for the purpose of submitting the compounding report. The authority concerned shall submit the compounding report within 15 days thereafter. The petitioners shall deposit the compounded amount within three weeks thereafter. Upon receipt of the compounding report, the authority concerned shall pass appropriate order within a period of three weeks.
In case the petitioners deposit the compounded amount in the manner as mentioned above, they shall not be arrested in the aforesaid case for a period of three months from today. In default of moving the application as mentioned above and to deposit the amount as directed above, it shall be open to the I.O. to make arrest of the petitioners.
With the above direction this petition is finally disposed of.
Order Date :- 29.10.2018 HR