Disposed

Vijay Bahadur Singh v. State of U.P. and Another

Allahabad HC12 Mar 2021A482/1151/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash a charge sheet filed under Section 135 of the Electricity (Amendment) Act 2003 alleging malicious prosecution over electricity dues, the court directed the applicant to file for dispute settlement before the Magistrate. Coercive action was stayed during the settlement period. The application was disposed of with these directions.

What did the court decide?

Application disposed. Applicant directed to file for settlement before Magistrate. Coercive action stayed for seven weeks.

Vijay Bahadur Singh Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2021)

¶1

Court No. - 78 Case :- APPLICATION U/S 482 No. - 1151 of 2021 Applicant :- Vijay Bahadur Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Parvesh Kumar Pandey, Sarvesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant and Sri Ankit Prakash, Advocate holding brief for Sri Narendra Kumar Tiwari, learned counsel for the opposite party no. 2 and learned AGA for the State.

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The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the charge sheet dated 21.05.2018 submitted before the Special Judge (E.C. Act) Varanasi in Case Crime No. 150 of 2018, under Section 135 of Electricity (Amendment) Act 2003, P.S. Sarnath, District Varanasi.

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Learned counsel for the applicant contended that there has been some dispute between the applicant and the Power Corporation with respect to electricity settlement dues for which the present proceeding has been filed by the Power Corporation for a malicious prosecution. The offence is compoundable and the applicant is ready to settle the dispute. It is further submitted that applicant had moved an application dated 5.7.2018 to the Superintending Engineer, Sigra, Varanasi with a request to permit him to deposit the electricity dues.

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Learned AGA as well as learned counsel for the opposite party no. 2 have disputed the contention of the learned counsel for the applicant that there has been some dispute regarding the dues in question but he may approach the authorities concern for settlement outside the Court as there is provision under Section 152 of the Electricity Act for compounding the offence to which the learned counsel for the applicant is ready to participate for compounding the proceeding before the authorities.

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Considering the submissions made by learned counsel for the parties, the applicant is directed to file an application within three weeks from today before the Magistrate concerned for settlement of dispute of electricity dues between the applicant and opposite party no. 2. Learned

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Magistrate shall allow the proceeding for compounding the proceeding and shall pass appropriate orders within four weeks thereafter in accordance with law positively.

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For a period of seven weeks, no coercive action shall be taken against the applicant.

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With the above direction, this application is finally disposed of.

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Order Date :- 12.3.2021/RavindraKSingh

Vijay Bahadur Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vijay Bahadur Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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