Disposed

Ajay Kumar v. State of U.P. and Another

Allahabad HC18 Mar 2021A482/1287/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings for breach of electricity dues, the court directed the applicant to approach the Magistrate for settlement and granted a six-week stay on coercive action before disposing of the application.

What did the court decide?

Directed applicant to approach Magistrate for settlement; stay of coercive action for six weeks; application disposed.

Ajay Kumar Vs State of U.P. and Another — Service and Employment | Allahabad HC (2021)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 1287 of 2021

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Applicant :- Ajay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant and Mr. Shyam Singh Yadav, learned counsel for the U.P. Power Corporation.

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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 entire proceeding of the Criminal case as well as charge sheet dated 04.01.2020 as well as Non Bailable Warrant order dated 01.10.2020 in Special Session Trial No. 610 of 2020 (State vs. Ajay Kumar) arising out of Case Crime No. 0604 of 2019 under Section 135 of Indian Electricity (Amendment) Act, 2003, P.S. Fafund, District Auraiya, pending in the Court of Additional District and Sessions Judge/F.T.C.-I, Auraiya. He further prayed for stay the further proceeding of Special Trial No. 610 of 2019 (State vs. Ajay Kumar).

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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 has deposited the dues.

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Learned AGA has 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 concerned for settlement outside the Court as there is provision under Section 138 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 two weeks from today before the Magistrate concerned for settlement of dispute of electricity dues between the applicant and opposite party no.2. Learned Magistrate shall allow the proceeding for compounding the proceeding and shall pass appropriate orders within four weeks weeks thereafter in

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accordance with law positively.

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

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With the above direction, this application is finally disposed of. Order Date :- 18.3.2021 SY

Ajay Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ajay Kumar 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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