Disposed

Brajesh @ Santosh Vishwakarma v. State of U.P. and Another

Allahabad HC28 Sept 2021A482/8164/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the court imposed conditions on the applicant, including payment of electricity dues and filing for compounding, to stay coercive measures during the trial. Failure to comply would lift the protection.

What did the court decide?

Stayed coercive measures for three months upon payment of dues and deposit of compounding charges.

Brajesh @ Santosh Vishwakarma Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 8164 of 2021

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Applicant :- Brajesh @ Santosh Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr.Tarun Jha, learned counsel for applicant, learned A.G.A. for State and Mr. Pramod Kumar, Advocate holding brief of Miss Arti, learned counsel representing Dachhinanchal Vidyut Nigam.

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Present application under Section 482 Cr.P.C. has been filed challenging charge-sheet dated 04.09.2019 submitted in Case Crime No. 802 of 2019 under Section 135 of Indian Electricity Act (Amendment), 2003, Cognizance Taking Order dated 09.07.2020 passed by Special Judge, Jalaun at Orai upon aforesaid charge-sheet as well as entire proceedings of consequential Case No.668 of 2020 (State Vs. Brajesh) arising out of aforesaid case crime number. summoning order dated 29.01.2021 passed by Additional Sessions Judge, Court1/ Special Judge, now pending in the court of Special Judge, Jalaun at Orai.

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It has been stated that offence alleged is compoundable. Applicant is ready to settle the matter with opposite party no. 2. Reliance has also been placed on a recent Supreme Court decision in the case of Suresh Ganpati Halvankar Vs. The State of Maharashtra & Ors . in Criminal Appeal No. 156 of 2018, decided on 22.01.2018 reported in 2018 0 Supreme (SC) 89.

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Considering the above, the present application is disposed of with the following directions:

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i) Applicant shall pay up the entire electricity dues as claimed, upto date, within a period of three months from today from the date of production of a certified copy of this order.

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ii) Upon payment of electricity dues, applicant shall, within a three months therefrom, file before learned court below an application seeking compounding of offence, as alleged and deposit compounding charges.

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iii) Any amount that may have been deposited either towards

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electricity dues or compounding charges may be adjusted against amount that may be claimed against applicant.

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iv) Upon proof of payment of electricity dues and compounding charges, if any, Court below shall decide application for compounding filed by applicant, in accordance with law before proceedings further, with the trial.

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v) For a period of three months from today, and in the event of continued compliance being made by applicant (of this order and also of the further directions that may be issued by court below, within time as may be granted by it), coercive measures may not be adopted against the applicant till disposal of compounding application.

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vi) In the event of default on part of applicant, protection granted by this order shall stand lifted and applicant may be dealt with as if this order had not been passed.

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With the aforesaid directions, present application is disposed of.

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Order Date :- 28.9.2021 YK

Brajesh @ Santosh Vishwakarma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Brajesh @ Santosh Vishwakarma v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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