Disposed

Anshuman Singh v. State of U.P. and 2 Ors.

Allahabad HC30 May 2018CRLP/3544/2018

Case brief

AI extract

What is this about?

The Court disposed of the writ petition seeking to quash an FIR under the Electricity Act. It directed the petitioner to approach the competent authority for compounding and clearing dues, and granted an interim stay on arrest until the submission of the police report or decision on compounding.

What did the court decide?

Direction to file for compounding; stay on arrest for one month or till police report.

Anshuman Singh Vs State of U.P. and 2 Ors. — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3544 of 2018

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Petitioner :- Anshuman Singh Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Sheetla Sahai Srivastava,Ram Murat 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 Ram Murat, learned counsel for petitioner, Sri Narendra Kumar Tiwari, learned counsel appearing for power corporation, Sri Vikas Sahai, 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 04.01.2018, registered as Case Crime No.19 of 2018, under Section 135 of Electricity Act, Amendment 2003, Police Station Kotwali Nagar, District Banda .

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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

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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.) Order Date :- 30.5.2018 A. Mandhani

Anshuman Singh v. State of U.P. and 2 Ors.

Case brief

What is this about?

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Anshuman Singh v. State of U.P. and 2 Ors.

Case brief

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What did the court decide?

What the court decided

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