Court No. - 73
Case :- APPLICATION U/S 482 No. - 7706 of 2019 Applicant :- Shakir Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.,Pranjal Mehrotra
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, Sri Pawan Kumar Mishra, Advocate holding brief of 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 dated 22.03.2017 in Special Session Trial No.668 of 2017 (State Vs. Shakir and others) arising out of Case Crime No.218 of 2017, under Section- 138(B) of Electricity Act, Police Station- Sambhal, District- Sambhal, pending in the court of Additional District & Sessions Judge Sambhal at Chandausi.
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.
Learned counsel for the applicant further states that in view of the entire electricity dues and compounding charge having been deposited by the applicant, the trial proceedings ought to have been concluded in terms of provisions of Section 152(2) of the Electricity Act, 2003.
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 :- 28.2.2019 Junaid