Court No. - 81
Case :- APPLICATION U/S 482 No. - 19309 of 2021 Applicant :- Santosh Joshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Kshitij Tiwari Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari
Hon'ble Naveen Srivastava,J.
Heard learned counsel for applicant, Sri Kuldeep Chand, learned counsel for the opposite party no.2 and learned A.G.A. for State.
Present application under Section 482 Cr.P.C. has been filed challenging summoning order dated 18.02.2021 passed by learned Additional Sessions Judge, Court No. 1st / Special Judge, Chandauli as well as entire criminal proceedings of Criminal Case No. 127 of 2021, arising out of Case Crime No. 100 of 2019 under Section 135 Electricity Act, Police Station- Dhanapur, District- Chandauli now pending in the court of Additional Sessions Judge, Court No. 1/ Special Judge, Chandauli.
It has been stated that offence alleged is compoundable. Applicant is ready to settle the matter with opposite party no. 2. Reliance has also been placed on a recent Supreme Court decision in the case of Suresh Ganpati Halvankar Vs. The State of Maharashtra & Ors. in Criminal Appeal No. 156 of 2018, decided on 22.01.2018 reported in 2018 0 Supreme (SC) 89.
Considering the above, the present application is disposed of with the following directions:
i) Applicant shall pay up the entire electricity dues as claimed, upto date, within a period of three weeks from today.
ii) Upon payment of electricity dues, applicant shall, within a week therefrom, file before the learned court below an application seeking compounding of the offence, as alleged and deposit compounding charges.
iii) Any amount that may have been deposited either towards electricity dues or compounding charges may be adjusted against amount that may be claimed against applicant.
iv) Upon proof of payment of electricity dues and compounding charges, if any, Court below shall decide application for compounding filed by applicant, in accordance with law before proceedings further, with the trial.
v) For a period of three months from today, and in the event of continued compliance being made by applicant (of this order and also of the further directions that may be issued by court below, within time as may be granted by it), coercive measures may not be adopted against the applicant till disposal of compounding application.
vi) In the event of default on part of applicant, protection granted by this order shall stand lifted and applicant may be dealt with as if this order had not been passed.
With the aforesaid directions, present application is disposed of.
Order Date :- 25.10.2021 Mini