Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10841 of 2018 Petitioner :- Shivkumar Shivhare Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Fakhruzzaman Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Fakhruzzaman, learned counsel for the petitioner, Sri Shyam Singh Yadav, learned counsel for the respondent no.3 and Sri N.K. Verma, learned A.G.A. for the State and perused the record.
This petition has been filed with the prayer to quash the FIR dated 15.2.2018, in case crime no.49 of 2018, u/s 135 Indian Electricity (Prevention), 2003 Act, P.S. Ait, district Jalaun.
Learned counsel for the petitioner submitted that there has been some dispute between the petitioner and the Power Corporation with respect to electricity settlement dues for which the present proceeding has been filed by the Power Corporation for a malicious prosecution. The offence is compoundable and the petitioner is ready to settle the dispute.
Learned counsel for the respondent no.3 as well as learned AGA disputed the contention of the learned counsel for the petitioner that there has been some dispute regarding the dues in question but they may approach the authorities concern for settlement outside the Court as there is provision under Section 152 of the Electricity Act for compounding the offence to which the learned counsel for the petitioner is ready to participate for compounding the proceeding before the authorities.
Considering the submissions made by learned counsel for the parties, the petitioner is directed to file an application within three weeks from today before the Magistrate concerned for settlement of dispute of electricity dues between the petitioner and respondent no.3. Learned Magistrate shall allow the proceeding for compounding the proceeding and shall pass appropriate orders within three weeks thereafter in accordance with law positively.
For a period of six weeks, no coercive action shall be taken against the petitioner in the aforesaid case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 Gaurav