Dismissed

Madan Pal Singh v. State of U.P. and 2 Others

Allahabad HC4 Sept 2018CRLP/24272/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking quashing of an FIR under Section 138B of the Electricity Act. The court directed the petitioner to approach the competent authority for compounding and assured no arrest for one month or until the police report submission.

What did the court decide?

Direction to file application for compounding and no arrest order for one month or until police report submission.

Madan Pal Singh Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 24272 of 2018

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Petitioner :- Madan Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- G.A.

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

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Heard Sri Prashant Shukla, Advocate, holding brief of Sri Anuj Bajpai, learned counsel for petitioner, Mr. Gauri Shankar Srivastava, learned counsel appearing for the Power Corporation and Sri Deepak Mishra, learned AGA for State and perused the impugned F.I.R. as well as material brought on record..

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This writ petition has been filed with a prayer to quash the impugned F.I.R. dated 27.1.2018, registered as Case Crime No.072 of 2018, under Section 138B of Electricity Act, Police Station Tilhar, District Shahjahanpur.

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It is submitted by learned counsel for the petitioner that there has been some dispute between the petitioner and the Electricity Department with respect to electricity settlement dues for which the present proceeding has been filed by the Electricity Department for a malicious prosecution. He further submits that the petitioner undertakes to approach the competent authority for compounding the offence. The petitioner also undertakes to clear all the electricity dues in question as the offence is compoundable.

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Learned counsel appearing on behalf of the Electricity Department and learned AGA submitted that there is provision under Section 152 of the Electricity Act for compounding the offence to which the learned counsel for the petitioner is ready to participate for compounding the proceeding before the authorities concerned.

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Considering the facts and circumstances of the case, we dispose of the writ petition with the direction that the petitioner shall file his application/ representation for compounding before the concerned authority, who shall also decide the matter within one month from the date of production of certified copy of this order in accordance with law.

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For period of one month or till the submission of police report under Section 173(2) Cr.P.C. whichever is earlier, the petitioner shall not be arrested in the aforesaid case.

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

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Order Date :- 4.9.2018 Deepika

Madan Pal Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Madan Pal Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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