Court No. - 52
Case :- APPLICATION U/S 482 No. - 9899 of 2018 Applicant :- Prashant Kumar Dubey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Learned counsel for the applicant is permitted to correct the prayer.
Heard Sri Sushil Kumar, learned counsel for the applicant, Sri Baleshwar Chaturvedi, learned counsel for the power corporation and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the proceeding of Case no. 372 of 2016 (State vs. Prashant Kumar Dubey) in case crime no. 407 of 2013, u/s 138(B) of Electricity Act, P.S. Kotwali Orai, District Jalaun.
Learned counsel for the applicant has submitted that the applicant is being prosecuted under the provisions of Section 138 (B) of Indian Electricity Act. He further submitted that his client has instructed him that he is ready to pay entire amount due towards the applicant and also the penalty and other charges in the department.
It is also contended that Hon'ble Apex Court in Criminal Appeal No.(s) 156 of 2018 (Suresh Ganpati Halvankar Vs. The State of Maharashra and others) has held that Section 138(B) of Indian Electricity Act is compoundable offence.
In view of above, the trial court seized with the matter, if satisfies that entire dues have been cleared as stated and the department has also no objection for quashing the proceeding, it may pass appropriate orders in accordance with law within a period of two months.
For a period of two months from today, no coercive action shall be taken against the applicant.
With the aforesaid observation, the application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 28.3.2018 Dhirendra/