Court No. - 70
Case :- APPLICATION U/S 482 No. - 17109 of 2019 Applicant :- Shipu Opposite Party :- State Of Up And Another Counsel for Applicant :- Prabhat Chandra Mishra Counsel for Opposite Party :- G.A.,Lallan Prasad Singh
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Baleshwar Chaturvedi, learned counsel for the opposite party no.2.
The present application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet No. 367 of 2018 dated 8.7.2018, cognizance order dated 22.9.2018 as well as entire criminal proceedings of Criminal Case No. 1021 of 2018 (State vs. Shipu) arising out of Case Crime No. 0390 of 2018, under Section 135 Indian Electricity Act (Amended) 2003, police station Kotwali, district Etawah pending in the court of Additional District and Sessions Judge-IV/Special Judge (E.C. Act), Etawah.
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, up to 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 :- 30.4.2019 Sumaira