Disposed

Arun Kumar Gupta v. State of U.P. and another

Allahabad HC18 Jul 2018A482/13539/2018

Case brief

AI extract

What is this about?

The Single Judge disposed of the application under Section 482 Cr.P.C. to quash the charge sheet and cognizance order. The court directed the applicant to pay electricity dues within three weeks and seek compounding thereafter. In return, coercive measures were slated to be held in abeyance pending the outcome.

What did the court decide?

Payment of dues within three weeks and filing of compounding application stayed coercive measures for one month pending disposal.

Arun Kumar Gupta Vs State of U.P. and another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 13539 of 2018

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Applicant :- Arun Kumar Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the parties.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 17.10.2017, including the cognizance order dated 3.1.2018 in Case No. 02 of 2018 (State Versus Arun Kumar Gupta), Case Crime No. 885 of 2017 , under Section 138(B) of Indian Electricity Act (Amendment), Police Station Farrukhabad, District Farrukhabad, pending in the court of learned Special Judge (E.C. Act), Farrukhabad.

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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 22.1.2018.

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Considering the above, the present applciation is disposed of with the following directions:

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i) the applicant shall pay up the entire electricity dues as claimed, up to date, within a period of three weeks from today.

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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.

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iii) upon proof of payment of the electricity dues and the compounding fees, 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.

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iv) 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.

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v) 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.

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With the aforesaid directions, the present application is disposed of.

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Order Date :- 18.7.2018 Prakhar

Arun Kumar Gupta v. State of U.P. and another

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Arun Kumar Gupta v. State of U.P. and another

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