Disposed

Bharat Bhati v. State of U.P. and 3 Others

Allahabad HC28 Aug 2018CRLP/23709/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition, the Court did not quash the FIR filed under the Indian Electricity (Prevention), 2003 Act. Instead, it directed the petitioner to apply for compounding of the dispute via the concerned authorities within three weeks and suspended coercive action for six weeks pending the outcome.

What did the court decide?

Petitioner directed to file application for settlement before authorities within three weeks; coercive action stayed for six weeks; petition finally disposed of.

Bharat Bhati Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2018)

¶1

Court No. - 1

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 23709 of 2018

¶3

Petitioner :- Bharat Bhati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- G.A.

¶4

Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

¶5

Heard learned counsel for the petitioner, learned counsel for respondent no.4 and learned A.G.A. for the State and perused the record.

¶6

This petition has been filed with the prayer to quash the FIR dated 17.06.2018, in case crime no.709 of 2018, u/s 135 (1)(a) Indian Electricity (Prevention), 2003 Act, P.S. Loni Border, District Ghaziabad.

¶7

Learned counsel for the petitioner submitted that there has been some dispute between the petitioner and the Power Corporation with respect to electricity settlement dues for which the present proceeding has been filed by the Power Corporation for a malicious prosecution. The offence is compoundable and the petitioner is ready to settle the dispute.

¶8

Learned counsel for the respondent no.4 as well as learned AGA disputed the contention of learned counsel for the petitioner that there has been some dispute regarding the dues in question but they may approach the authorities concerned for settlement outside the Court as there is provision under Section 152 of the Electricity Act for compounding the offence to which learned counsel for the petitioner submitted that the petitioner is ready to participate for compounding the proceeding before the authorities.

¶9

Considering the submissions made by learned counsel for the parties, the petitioner is directed to file an application within three weeks from today before the authorities concerned for settlement of dispute of electricity dues between the petitioner and respondent no.4. The concerned authority shall allow the proceeding for compounding the proceeding and shall pass appropriate orders within three weeks thereafter in accordance with law positively.

¶10

For a period of six weeks, no coercive action shall be taken against the petitioner in the aforesaid case.

¶11

With the above direction, this petition is finally disposed of.

¶12

Order Date :- 28.8.2018/Madhurima

¶13

(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)

Bharat Bhati v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Bharat Bhati v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Indra Pratap Singh Vs State of U.P.

Sanni Yadav @ Mritunjay and 3 Others Vs State of U.P. and 3 Others

Hari Om Vs State of U.P. and 9 Others

Ritu @ Pinki Khirwar and Another Vs State of U.P. and 3 Others

Yogendra and 3 Others Vs State of U.P. and 2 Others

Arvind Kumar Gupta and 3 Others Vs State of U.P. and 3 Others