Court No. - 52
Case :- APPLICATION U/S 482 No. - 9702 of 2018 Applicant :- Smt. Tara Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prem Prakash Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Prem Prakash Tiwari, learned counsel for the applicant, Sri Baleshwar Chaturvedi, learned counsel for the power corporation and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 16.3.2016 passed by Additional District and Sessions Judge,Sant Kabir Nagar in Special Case No.117 of 2016 arising out of Case Crime No.0092 of 2016 under Section 138(B) of Indian Electricity Act (Revised), P.S. Khalilabad, District Sant Kabir Nagar.
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.
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 :- 27.3.2018 MN/-