This court declined to quash the charge sheet and summoning order under Section 135 of the Indian Electricity Act, 2003, noting the availability of an alternative remedy under Section 152 for compounding the complaint.
No coercive action shall be taken against the applicant until the compounding application is decided by the relevant authority.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 2140 of 2019
Applicant :- Hoshiyar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.,Manish Tiwary
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and the learned A.G.A.
The applicant is challenging the charge sheet/summoning order dated 14.11.2016 under Section 135 of Indian Electricity Act, 2003 in Case No. 2585 of 2016 (State v. Hoshiyar Singh) arising out of Case Crime No. 258 of 2016, P.S. Etmadddaula, District Agra pending in the court of the Special Judge (E.C. Act), Agra.
Learned counsel for the applicant has stated that the offence is compoundable in nature.
Thus, the prayer for quashing the cognizance order, charge-sheet as well as entire proceeding is declined.
There is an alternative remedy provided to the applicant to raise his grievance, if any, under Section 152 of Indian Electricity Act.
In the event, if the applicant approaches the relevant authority of Electricity Department with an application and deposits the entire compounding fee within a period of 15 days from receipt of certified copy of this order and raises his factual grievance before the concerned Authority, same shall be decided by the authority with a speaking and reasoned order within a period of eight weeks after providing the opportunity of hearing to both the parties.
Till such time the application for compounding is not decided by the authority, no coercive action shall be taken against the applicant pursuant to the present charge-sheet.
The application under section 482 Cr.P.C., is accordingly disposed of.
Order Date :- 11.2.2019
shailesh
1 issue framed by the court
Whether the charge sheet under Section 135 of the Indian Electricity Act, 2003 should be quashed under Section 482 Cr.P.C.
3 provisions across 2 enactments
Hoshiyar Singh
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
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