Court No. - 70 Case :- APPLICATION U/S 482 No. - 16245 of 2019 Applicant :- Shaukat Ali And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivekanand Yadav Counsel for Opposite Party :- G.A.,Kapil Dev Singh Rathore Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, Sri Kapil Dev Singh Rathore, learned counsel for opposite party no. 2 and the learned A.G.A.
The applicants is challenging the charge sheet no. A-150 of 2018 dated 28.08.2018 under Section 135 of Indian Electricity Act, 2003 as well as the entire criminal proceedings initiated in Case No. 03 of 2018 (State v. Kurdesh & others), arising out of Case Crime No. 178 of 2018, P.S. Lar, District Deoria pending in the court of the Additional Session Judge-IVth, Deoria.
Learned counsel for the applicants has stated that the offence is compoundable in nature.
Thus, the prayer for quashing the charge-sheet as well as entire proceeding is declined.
There is an alternative remedy provided to the applicants to raise his grievance, if any, under Section 152 of Indian Electricity Act.
In the event, if the applicants approach the relevant authority of Electricity Department with an application and deposits the entire compounding fee within a period of 15 days from receipt of certified copy of this order and raises his factual grievance before the concerned Authority, same shall be decided by the authority with a speaking and reasoned order within a period of eight weeks after providing the opportunity of hearing to both the parties.
Till such time the application for compounding is not decided by the authority, no coercive action shall be taken against the applicants pursuant to the present charge-sheet.
The application under section 482 Cr.P.C., is accordingly disposed of.
Order Date :- 25.4.2019 SKD