Court No. - 12
Case :- APPLICATION U/S 482 No. - 42323 of 2018 Applicant :- Vinod Kumar Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Puneet Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Shyam Singh Yadav holding brief of Sri Baleshwar Chaturvedi, learned counsel for opposite party no. 2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.2.2018 as well as the entire proceedings of Criminal Case No. 1538 of 2018, arising out of Case Crime No. 0165 of 2018, under Sections- 135 of Indian Electricity Act (Amended) 2003, Police Station- Iglas, District- Aligarh, pending in the court of IVth Additional District and Sessions Judge/ Special Judge (E.C. Act), Aligarh.
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.
Learned counsel for the applicant further states that in view of the entire electricity dues and compounding charge having been deposited by the applicant, the trial proceedings ought to have been concluded in terms of provisions of Section 152(2) of the Electricity Act, 2003.
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, upto 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 :- 30.11.2018 Arvind