Court No. - 52
Case :- APPLICATION U/S 482 No. - 10207 of 2018 Applicant :- Shyam Narayan Dubey Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Lakshman Singh, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 371 of 2016, State Vs. Shyam Narayan Dubey, under Section 138B Indian Electricity Act at Police Station Kotwali Orai, District Jalaun pending in court of Special Judge E.C. Act Orai District Jalaun.
Learned counsel for the applicant has submitted that the applicant is being prosecuted under the provisions of Section 138 (B) of Indian Electricity Act.The entire amount due towards the applicant and also the penalty and other charges have been deposited in the department. In this behalf, a letter dated 30.1.2018 has been sent by the Executive Engineer which is annexed as Annexure-6 to the affidavit with the averment that department has no objection if the proceedings are dropped as the applicant accused has deposited entire amount.
It is also contended that Hon'ble Apex Court in Criminal Appeal No.(s) 156 of 2018 ( Suresh Ganpati Halvankar Versus The State of Maharashra and others has held that Section 138(B) of Indian Electricity Act is compoundable offence.
In view of above,the trial court seized with the matter, if satisfies that entire dues have been cleared as stated and the department has also no objection for quashing the proceeding, it may pass appropriate orders in accordance with law within a period of two months.
For a period of two months from today, further proceedings in aforesaid case shall remain in abeyance.
With the aforesaid observation, the application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 29.3.2018 Ram Murti