Disposed

Shri Ram Chaurasia v. State of U.P. and Another

Allahabad HC8 Apr 2019A482/11349/2019

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking to quash proceedings under the Electricity Act, 2003, by directing the applicant to pay electricity dues and deposit compounding charges to retain coercive measure protection.

What did the court decide?

Payment of electricity dues and compounding charges directed as pre-conditions for continued protection from coercive measures and further adjudication of the compounding application.

Shri Ram Chaurasia Vs State of U.P. and Another — Allahabad HC (2019) — LawSathi Research

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 11349 of 2019

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Applicant :- Shri Ram Chaurasia Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Mr. V.K.Srivastava, 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 charge sheet dated 21.4.2017, cognizance order dated 23.7.2018 passed by Special Judge (E.C. Act)/A.D.J.-IV, Ballia as well as entire proceedings of S.S.T. No. 199 of 2018 (State vs. Manager, Purvanchal Electricity Distribution Division) arising out of Case Crime No. 358 of 2017, under Section 135 Electricity (Amendment) Act, 2003, police station Maniyar, district Ballia pending in the court of Special Judge (E.C. Act)/A.D.J.-IVth Ballia

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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

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decide the application for compounding filed by the applicant, 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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For the aforesaid period, no coercive action shall be taken against the applicant pursuant to non-bailable warrant dated 1.4.2019 in the aforesaid case.

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With the aforesaid directions, the present application is disposed of.

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Order Date :- 8.4.2019 Sumaira

Shri Ram Chaurasia v. State of U.P. and Another

Case brief

What is this about?

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Shri Ram Chaurasia v. State of U.P. and Another

Case brief

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