Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22115 of 2019 Petitioner :- Suhail Imtiaz Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narendra Singh Counsel for Respondent :- G.A.,Baleshwar Chaturvedi
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Narendra Singh learned counsel for the petitioner, Sri Baleshwar Chaturvedi learned counsel for the Power Corporation and the learned A.G.A.
This writ petition has been field with a prayer to issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 2.9.2019 as case crime No. 567 of 2019, under Section 138 (1)(b) of the Indian Electricity Act 2003, P.S. Kotwali, District Etawah.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie, cognizable offence is made out. There is no ground for interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However,considering the submission made by the learned counsel for the petitioner that the above mentioned offence is compoundable and the petitioner is ready to deposit the compounded amount, it is directed that in case the petitioner moves an application before the authority concerned within one week from today for compounding the offence, the authority concerned of the Electricity Department shall be summoned by the court concerned within two weeks thereafter for the purpose of submitting the compounding report.
The authority concerned shall submit the compounding report within 15 days thereafter. The petitioner shall deposit the compounded amount within three weeks thereafter. Upon receipt of the compounding report, the authority concerned shall pass appropriate order within a period of three weeks.
In case the petitioner deposits the compounded amount in the manner as mentioned above, the petitioner shall not be arrested in the aforesaid case for a period of three months from today. In default of moving the application as mentioned above and to deposit the amount as directed above, it shall be open to the Investigating Officer to arrest the petitioner.
With the above direction, this petition is finally disposed of.
Order Date :- 30.9.2019/AS