Court No. - 40 Case :- APPLICATION U/S 482 No. - 22081 of 2019 Applicant :- Nirmal Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
Hon'ble Rajiv Gupta,J.
Heard Sri Brajesh Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State and Sri Gauri Shanker Yadav, learned counsel for the opposite party no.2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 4.1.2019 and cognizance order dated 12.2.2019 as well as entire proceeding of Criminal Case No. 137 of 2019, under Section 138 of Electricity Act, Police Station Sikandra, District Kanpur Dehat, pending in the court of Addl. Sessions Judge/Special Judge (E.C. Act), Court No. 4, Kanpur Dehat.
It has been stated that the offence alleged is compoundable. The applicant is ready to settle the matter with the opposite party no. 2. Reliance has also been placed on a recent Supreme Court decision in the case of Suresh Ganpati Halvankar Vs. The State of Maharashtra & Ors. in Criminal Appeal No. 156 of 2018, decided on 22.01.2018.
Considering the above, the present application is disposed of with the following directions:
i) the applicant shall pay up the entire electricity dues as claimed, upto date, within a period of three weeks from today.
ii) upon payment of the electricity dues, the applicant shall, within a week therefrom file before the learned court below an application seeking compounding of the offence, as alleged.
iii) upon proof of payment of the electricity dues and the compounding fees, if any, the learned Court below shall decide the application for compounding filed by the applicant, in accordance with law before proceedings further, with the trial.
iv) for a period of one month from today, and in the event of continued compliance being made by the applicant (of this order and also of the further directions that may be issued by the learned court below, within time as may be granted by it), coercive measures may not be adopted against the applicant till disposal of the compounding application.
v) in the event of default on part of the applicant, the protection being granted by this order shall stand lifted and the applicant may be dealt with as if this order had not been passed.
With the aforesaid directions, the present application is disposed of.
Order Date :- 3.6.2019 KU