Disposed

Mohd. Salman v. State of U.P. and Another

Allahabad HC12 Mar 2021A482/3719/2021

Case brief

AI extract

What is this about?

Single judge directed applicant to seek settlement of electricity dues disputes before the Magistrate for compounding under the Electricity Act. No coercive action to be taken temporarily. Application disposed of on these directions.

What did the court decide?

Directed applicant to apply to Magistrate for compounding of offence under Section 152 of Electricity Act; no coercive action for seven weeks.

Mohd. Salman Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2021)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 3719 of 2021

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Applicant :- Mohd. Salman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Farid Ahmed 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, Ram Chandra, Advocate holding brief of Sri Pranjal Mehrotra, 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 26.12.2019 and cognizance/summoning order dated 06.03.2020 and proceedings of S.S.T.No. 467 of 2020 (State Vs. Mohd. Salman) arising out of case crime no. 09 of 2019, under Section 135 The Indian Electricity Act, P.S. Anti Power Theft Bijnor, District Bijnor pending in the court of Special Judge Electricity Act, Bijnor.

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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.

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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 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 AK Pandey

Mohd. Salman v. State of U.P. and Another

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Mohd. Salman v. State of U.P. and Another

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