Partly allowed

Ratan Deep Singh v. State of U.P. and Another

Allahabad HC25 Jul 2018A482/14721/2018

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application seeking quashment of proceedings under Section 135 of the Electricity Act. Directing the applicant to pay electricity dues and file a compounding application, the Court stayed coercive measures for one month contingent on compliance.

What did the court decide?

Stay of coercive measures for one month upon payment of dues and filing of compounding application; quashment granted subject to conditions.

Ratan Deep Singh 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. - 14721 of 2018

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Applicant :- Ratan Deep Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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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 19.6.2016, cognizance dated 25.5.2017 as well as further proceeding of Case No. 850 of 2017 (State Vs. Ratan Deep Singh), under Section 135 of Electricity Act, arising out of Case Crime No. 218 of 2016, Police Station Sarnath, District Varanasi, pending in the court of Special Judge (E.C. Act), Varanasi.

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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 application 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 :- 25.7.2018 Prakhar

Ratan Deep Singh v. State of U.P. and Another

Case brief

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Ratan Deep Singh v. State of U.P. and Another

Case brief

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