Dismissed

Amar Singh v. State of U.P. and Another

Allahabad HC28 Feb 2019A482/47317/2018

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the court declined to quash proceedings under Section 135 of the Indian Electricity Act, noting the offence is compoundable but an alternative remedy exists under Section 152. The court directed suspension of coercive action while compounding is pursued.

What did the court decide?

Application for quashing dismissed. Coercive action stayed pending outcome of compounding application under Section 152.

Amar Singh Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 67 Case :- APPLICATION U/S 482 No. - 47317 of 2018 Applicant :- Amar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Shukla Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant, learned counsel for the respondent and learned A.G.A.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding as well as charge sheet dated 16.08.2016, summoning order dated 29.07.2017 and nonbailable warrant dated 07.01.2019 in S.P.L. Case No.324 of 2017(State Vs. Amar Singh) arising out of case crime no.0315 of 2016 under Section 135 of Electricity Act(amendment) 2003 Police Station-Vidhuna, District-Auraiya pending in the court of Additional Sessions Judge-I, Auraiya.

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Learned counsel for the applicant has submitted that the applicant is challenging the charge sheet dated 16.08.2016 under Section 135 of Indian Electricity Act(Amendment), 2003. Learned counsel for the applicant has stated that the offence is compoundable in nature.

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Thus, the prayer for quashing the charge-sheet, summoning order as well as entire proceeding is declined.

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There is an alternative remedy provides to the applicant to raise his grievance, if any, under Section 152 of Indian Electricity Act.

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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 two weeks 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.

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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.

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The application under section 482 Cr.P.C., is accordingly disposed of.

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Order Date :- 28.2.2019/Sumit S

Amar Singh v. State of U.P. and Another

Case brief

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Amar Singh v. State of U.P. and Another

Case brief

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