Court No. - 53
Case :- APPLICATION U/S 482 No. - 13951 of 2018 Applicant :- Rakesh Kumar Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashank Tripathi Counsel for Opposite Party :- G.A.,Suman Kumar Yadav
Hon'ble J.J. Munir,J.
Supplementary affidavit has been filed today in Court, the same is taken on record.
Heard Sri Shashank Tripathi, learned counsel for the applicant, Sri Suman Kumar Yadav, learned counsel for opposite party no.2 and Sri Saqib Meezan, learned AGA alongwith Sri Ashutosh Diljan appearing for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the entire proceedings of Special Sessions Trial No.166 of 2008, under Section 135 of the Indian Electricity Act, 2003 (hereinafter referred to as the ‘Act, 2003’), Police Station Kotwali, District Kanpur Nagar, pending in the court of Special Judge (E.C. Act), District Kanpur Nagar.
The applicant stands charged with theft of electricity on the ground that he was illegally extracting electricity by directly connecting from overhead line through a cable; the applicant has been assessed to sum of Rs.62,768/- in terms of theft assessment. Though a number of grounds were taken in challenge to the proceedings, at the hearing through a supplementary affidavit, learned counsel for the applicant has brought on record an application dated 02.03.2015 filed before the learned Special Judge (EC Act), Kanpur Nagar seeking to compound the offence.
In this view of the matter, the challenge to the proceeding is given up and, therefore, the prayer for quashing the proceedings stands refused.
However, looking to the fact that an application for compounding has been made by the applicant on 02.03.2015, which is pending before the learned Special Judge (EC Act), Kanpur Nagar, it is directed that the second opposite party will submit an up-to date chart of all outstanding dues from the applicant and the compounding charges determined in accordance with Section 152(1) of the Act, 2003 before the learned Special Judge within 3 weeks from the date of receipt of certified copy of this order. The learned Special Judge is directed to require opposite party no.2 to furnish the aforesaid statement of account regarding electricity dues and compounding charges under Section 152(1) of the Act, 2003 separately within the same period of time.
The applicant upon being served with the total outstanding towards electricity dues/ assessment and the compounding charges will make good the same within a period of one month of service upon him of details under the two heads of charge.
Upon deposit of the entire amount of the electricity dues assessed together with compounding charges under Section 152(1) of the Act, 2003 by the applicant within the time schedule indicated hereinabove, the court below shall proceed to pass appropriate orders in accordance with the provisions of Section 152(2) and 152(4) of the Act, 2003 on the application for compounding within a month. It is provided that during the period of time that steps are taken as above directed and the applicant does not commit default in keeping schedule, no coercive steps shall be taken against him in Special Sessions Trial No.166 of 2008, under Section 135 of the Indian Electricity Act, 2003 (hereinafter referred to as the ‘Act, 2003’), Police Station Kotwali, District Kanpur Nagar.
In the event of any default on the applicant’s part, the interim protection granted above, shall stand automatically vacated.
This application stands disposed of accordingly.
Order Date :- 24.4.2018 Shahroz/ Anoop