Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26412 of 2017 Petitioner :- Nizamuddin Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- G.A.,Kapil Dev Singh Rathore Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kirti Raj holding brief of Sri Juned Alam, learned counsel for petitioner, Sri Shyam Sunder holding brief of Sri Kapil Devi Singh Rathore, learned counsel for the respondent No.3, Sri Vikas Sahai, learned AGA for State and perused the impugned F.I.R. as well as material brought on record..
This writ petition has been filed with a prayer to quash the impugned F.I.R. dated 28.09.2017, registered as Case Crime No.474 of 2017, under Section 135(1)(e) Amendment of Electricity Act, Police Station- Hata, District- Kushi Nagar .
It is submitted by learned counsel for the petitioner that there has been some dispute between the petitioner and the Electricity Department with respect to electricity settlement dues for which the present proceeding has been filed by the Electricity Department for a malicious prosecution. He further submits that the petitioner undertakes to approach the competent authority for compounding the offence. The petitioner also undertakes to clear all the electricity dues in question as the offence is compoundable.
Learned counsel appearing on behalf of the Electricity Department and learned AGA submitted that 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 concerned.
Considering the facts and circumstances of the case, we dispose of the writ petition with the direction that the petitioner shall file his application/ representation for compounding before the concerned authority, who shall also decide the matter within one month from the date of production of certified copy of this order in accordance with law.
For period of one month or till the submission of police report under Section 173(2) Cr.P.C. whichever is earlier, the petitioner shall not be arrested in the aforesaid case.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 S. Thakur