Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10687 of 2018 Petitioner :- Ramraj Chaudhary And 4 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ajeet Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajeet Srivastava, learned counsel for petitioners, Sri N.K. Tiwari, learned counsel appearing for Power Corporation, Sri G.P. Singh, 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 18.1.2018, registered as Case Crime No.6 of 2018, under Sections 135 of Electricity Act, Police Station Karnda, District Ghazipur.
Learned counsel for the petitioners submits that identically situated co- accused persons have earlier challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No. of 2016 which has been disposed of this Court vide order dated 16.4.2018 staying the arrest of the co-accused, copy of which is annexed as Annexure-1 (at page-18), hence, the petitioner is also entitled for the same relief.
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 :- 26.4.2018 NS