Court No. - 49
Case :- APPLICATION U/S 482 No. - 29102 of 2018 Applicant :- Satya Narayan Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Pranjal Mehrotra, Advocate has filed his appearance slip on behalf of the opposite party no.2 today, which is taken on record.
Heard learned counsel for the applicant, Sri Pranjal Mehrotra, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 275/2011 dated 16.02.2013 in Case Crime No. 1093 of 2011, under Section 138 of Electricity Act, Police Station- Kalyanpur, District- Kanpur Nagar, pending in the court of Special Judge (E.C.Act), Kanpur Nagar.
It has been stated that the offence alleged is compoundable. The applicant is ready to settle the matter with the 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.
Considering the above, the present application is disposed of with the following directions:
i) the applicant shall pay up the entire electricity dues as claimed, upto date, within a period of three weeks from today.
ii) upon payment of the electricity dues, the applicant shall, within a week therefrom file before the learned court below an application seeking compounding of the offence, as alleged and deposit the compounding charges.
iii) any amount that may have been deposited either towards electricity dues or compounding charges may be adjusted against the amount that may be claimed against the applicant.
iv) upon proof of payment of the electricity dues and the compounding charges, if any, the learned Court below shall decide the application for compounding filed by the applicant, in accordance with law before proceedings further, with the trial.
v) for a period of one month from today, and in the event of continued compliance being made by the applicant (of this order and also of the further directions that may be issued by the learned court below, within time as may be granted by it), coercive measures may not be adopted against the applicant till disposal of the compounding application.
vi) in the event of default on part of the applicant, the protection being granted by this order shall stand lifted and the applicant may be dealt with as if this order had not been passed.
With the aforesaid directions, the present application is disposed of.
Order Date :- 23.8.2018 Lbm/-