Court No. - 65
Case :- APPLICATION U/S 482 No. - 47332 of 2019 Applicant :- Rajesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Singh Yadav Counsel for Opposite Party :- G.A.,Suman Kumar Yadav
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shailesh Singh Yadav, learned counsel for the applicant, Sri Shashank Tripathi, learned counsel on behalf of Electricity Department and Sri Abhinav Prasad, learned A.G.A. for the State-respondent and perused the material on record.
The present 482 Application has been filed for quashing of the further proceedings as well as bailable warrant order dated 24.10.2019 passed by Additional District and Sessions Judge Special Judge, E.C. Act Kanpur as well as entire proceeding in S.S.T. No. 20 of 2018 (State Vs. Rajesh Kumar), under section 135 Electricity Act, Police Station Swaroop Nagar, District Kanpur Nagar arising out of Case Crime No. 147 of 2017 pending in the court of Special Judge, Electricity Act, Kanpur Nagar.
It is contended by learned counsel for the applicant that the opposite party no. 2 has lodged an FIR against the applicant on 15.09.2017 alleging therein that on 15.09.2017 at about 14.10 hrs the opposite party no. 2 alongwith his official have raided on the shop of the applicant for electric checking and found that the applicant is running his shop by using electricity illegally without having valid electric connection and meter. Thereafter the penalty and other charges were imposed upon the applicant and the applicant has deposited entire amount of penalty i.e. Rs. 15,861 on 15.09.2017 to Electricity Department. It is further submitted that the applicant has deposited the entire amount of penalty i.e. Rs. 15,861/- on 19.09.2017. A copy of deposit receipt of Rs. 15,861/- with the electricity department has filed as annexure-3 to the affidavit accompanying this 482 Cr.P.C. application. It is thus, submitted that since the applicant has deposited the all dues with the department, therefore, continuation of present proceedings is bad in the eyes of law.
Learned counsel on behalf of Electricity Department submits that he does not dispute the aforesaid fact as argued by the learned counsel for the applicant.
After hearing the learned counsel for the applicant, learned counsel on behalf of Electricity Department as well as the learned A.G.A. for the State-respondent and on perusal of the material available on record this Court is of the opinion that this Court is of the opinion that since the applicant has deposited all the dues, therefore continuance of aforesaid proceedings is bad in law.
In this view of the matter the bailable warrant order dated 24.10.2019 passed by Additional District and Sessions Judge Special Judge, E.C. Act Kanpur as well as entire proceeding of S.S.T. No. 20 of 2018 (State Vs. Rajesh Kumar), under section 135 Electricity Act, Police Station Swaroop Nagar, District Kanpur Nagar arising out of Case Crime No. 147 of 2017 pending in the court of Special Judge, Electricity Act, Kanpur Nagar are hereby quashed.
This 482 Cr.P.C. application stands allowed. No order as to costs.
Order Date :- 20.12.2019 Arti