Disposed

Ram Niwas v. State of U.P. and Anr.

Allahabad HC28 Mar 2019A482/10419/2019

Case brief

AI extract

What is this about?

This order disposed of a quashing application under Section 482 Cr.P.C. arising from a compoundable offence under the Electricity Act. The court directed the applicant to pay electricity dues and file an application for compounding, after which the lower court would decide the matter. Coercive measures were stayed pending compliance.

What did the court decide?

Application disposed with directions to pay dues, file compounding application, and stay coercive measures pending compliance.

Ram Niwas Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 10419 of 2019

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Applicant :- Ram Niwas Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Supplementary affidavit filed today on behalf of the applicant, is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Mukesh Kumar Singh, learned counsel for the opposite party no.2.

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The present application under Section 482 Cr.P.C. has been filed by the applicant to quash the proceedings of S.S.T. NO. 608 of 2018 (State Vs. Ram Niwas) arising out of Case Crime No. 281 of 2017, under Section 135 of Electricity Act, Police Station- Bisauli, District- Budaun.

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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 22.01.2018 .

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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 and deposit the compounding charges.

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iii) any amount that may have been deposited either towards electricity dues or compounding charges may be adjusted against the amount that may be claimed against the applicant.

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iv) upon proof of payment of the electricity dues and the compounding charges, if any, the learned court below shall decide the application for compounding filed by the applicant,

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in accordance with law before proceedings further, with the trial.

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v) 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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vi) 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 :- 28.3.2019 AK Pandey

Ram Niwas v. State of U.P. and Anr.

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Ram Niwas v. State of U.P. and Anr.

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