Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10872 of 2018 Petitioner :- Neetu Jain @ Nitin Jain @Nitesh Jain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidit Narayan Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri S.K.Dwivedi, holding brief of Sri Chandan Agarwal, Advocate, has filed his power on behalf of Power Corporation today in Court, which is taken on record.
Heard Sri V.N.Mishra, learned counsel for the petitioner, Sri S.K.Dwivedi, holding brief of Sri Chandan Agarwal, learned Counsel for the Power Corporation, Sri N.K.Verma,, learned A.G.A. for the State and perused the record.
This writ petition has been filed by the petitioner with a prayer to quash the FIR dated 14.4.2018, registered as Case Crime No.325 of 2018, under Sections 135 of Indian Electricity Act (Amended), 2003, Police Station-Jewar, District Gautam Budh Nagar.
Learned counsel for the petitioner contended that there has been some dispute between the petitioner and the Power Corporation with respect to electricity settlement dues for which the present proceeding has been filed by the Power Corporation for a malicious prosecution. The offence is compoundable and the petitioner is ready to settle the dispute.
Learned counsel for the Power Corporation as well as lerned AGA has disputed the contention of the learned counsel for the petitioner that there has been some dispute regarding the dues in question but he may approach the authorities concerned for settlement outside the Court as 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.
Considering the submissions made by learned counsel for the parties, the petitioner is directed to file an application within three weeks from today before the Magistrate concerned for settlement of dispute of electricity dues between the petitioner and Power Corporation. Learned Magistrate shall allow the proceeding for compounding the proceeding and shall pass appropriate orders within three weeks thereafter in accordance with law positively.
For a period of six weeks, no coercive action shall be taken against the petitioner. With the above direction, this application is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 30.4.2018/NS