Dismissed

Dost Mohammad v. State of U.P. and Anr.

Allahabad HC5 Aug 2020A482/4029/2020

Case brief

AI extract

What is this about?

In this quashing application under Section 482 CrPC, the High Court held that the offence under Section 138 of the Electricity Act (Amended) is compoundable. The applicant was directed to deposit compounding fees and submit grievances to the competent authority to resolve the matter.

What did the court decide?

No coercive action to be taken pending resolution by competent authority upon deposit of compounding fees and submission of grievances.

Dost Mohammad Vs State of U.P. and Anr. — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 67 Case :- APPLICATION U/S 482 No. - 4029 of 2020 Applicant :- Dost Mohammad Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Aslam Ali Counsel for Opposite Party :- G.A.,Chandan Agarwal

¶2

Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant, Sri Chandan Agarwal, learned counsel for Electricity Department as well as learned A.G.A.

¶4

By means of the present applicant, the prayer sought by the applicant is to quash the entire criminal proceeding in pursuance of case no.2682/9 of 2018, charge sheet no.210 of 2018 and N.B.W. dated 09.04.2019, case crime no.464 of 2015(State Vs. Dost Mohd.) under section 138 of Electricity Act(Amended) police station-Mirapur, District-Muzaffar Nagar pending in the court of IVth, A.S.J/Special Judge(E.C Act) Muzaffar Nagar.

¶5

I have perused the order impugned and the Court is of the considered opinion that the offence under section 138 of the Electricity Act(Amended) is compoundable offence. Under the circumstances, in the event, applicant deposits the stipulated compounding fees along with the representation to get the matter resolved before the competent authority and raise all his grievances showing all the documentary proof in his support, the competent authority after hearing the parties, would pass a well reasoned and appropriate order within a period of three months from the date of production of certified copy of this order.

¶6

It is contended by learned counsel for the applicant that proceeding has been initiated before consumer forum in which department is not cooperating. All these points would be considered by the competent authority.

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Till the matter is not decided before the competent authority, no coercive action shall be taken against the applicant in pursuance of case no.2682/9 of 2018, charge sheet no.210 of 2018 and N.B.W. dated 09.04.2019, case crime no.464 of 2015(State Vs. Dost Mohd.) under section 138 of Electricity Act(Amended) police station-Mirapur, District-Muzaffar Nagar pending in the court of IVth, A.S.J/Special Judge(E.C Act) Muzaffar Nagar.

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With the aforesaid observations, the present application stands disposed of.

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Order Date :- 5.8.2020/Sumit S

Dost Mohammad v. State of U.P. and Anr.

Case brief

What is this about?

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Dost Mohammad v. State of U.P. and Anr.

Case brief

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What did the court decide?

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