Court No. - 79
Case :- APPLICATION U/S 482 No. - 22278 of 2021 Applicant :- Ram Naresh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Satya Nisth Dwivedi Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application (u/s 482 Cr.P.C.) has been filed with the prayer to quash the impugned charge sheet No.248 of 2017 dated 15.10.2017 submitted in Case Crime No.534 of 2017, under Section 138(B) of Electricity Act, 2003, Police Station Soraon, District Allahabad as well as cognizance order dated 06.02.2019 passed by learned Additional Sessions Judge/Special Judge, E.C. Act, Allahabad in Case No.660 of 2019 (State vs. Ram Naresh) including the entire proceeding of the case, along with the further prayer to stay the further proceedings of the aforesaid case.
It is submitted by learned counsel for the applicant that there has been some dispute between the applicant 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 applicant undertakes to approach the competent authority for compounding the offence.
Learned counsel appearing on behalf of the Electricity Department and learned A.G.A. 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 applicant 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 four weeks or till disposal of application for compounding whichever is earlier, no coercive action shall be taken against the applicant.
Order Date :- 22.12.2021 S. Shivhare/-