Disposed

Raghuveer Singh v. State of U.P. and 2 Others

Allahabad HC13 May 2022A482/15270/2021

Case brief

AI extract

What is this about?

This court declined to quash the charge-sheet and proceedings under Section 135 of the Electricity Act at this stage, deeming facts still under investigation. The applicant was permitted to apply to the Electricity Department for compounding offences; no coercive action was ordered for three weeks.

What did the court decide?

Applicant permitted to apply for compounding offence with opposite party; no coercive action for three weeks.

Raghuveer Singh Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2022)

¶1

Court No. - 50

¶2

Case :- APPLICATION U/S 482 No. - 15270 of 2021

¶3

Applicant :- Raghuveer Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi,Niraj Kumar Tiwari

¶4

Hon'ble Mrs. Sadhna Rani (Thakur),J.

¶5

Heard learned counsel for the applicant and learned counsel for the opposite party no. 2 - Electricity Department.

¶6

Instant application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge-sheet dated 26.12.2018, cognizance order dated 19.01.2021 and entire proceedings of S.S.T. No. 354 of 2021 under Section 135 of the Electricity Act, pending in the court of Additional District Judge-III, Firozabad.

¶7

Learned counsel for the applicant has argued that during inspection at the premises of the applicant, the staff of the office of the opposite party no. 2 made illegal demand from the applicant and when he refused to fulfill the same, an FIR was lodged against him with the allegations that he was found using his submersible pump to irrigate his field by using 'Katiya' from L.T. Line. It is further argued that at the time of inspection, the provisions of Section 135(2)(b) of the Electricity Act were not complied with, as no wires, devices or articles have been seized by the Electricity Department and his electricity connection has also not been disconnected, hence, the versions of the FIR are false and concocted one.

¶8

Learned counsel for the opposite party no. 2 has argued that at the time of inspection, the applicant was found using his submersible pump to irrigate his agricultural field by using 'Katiya' and the entire incident was video-graphed. The 'CD' in this regard is made available to the Court.

¶9

I have considered the submissions made by learned counsel for the parties and perused the records.

¶10

It is admitted fact between the parties that the applicant is having a submersible pump at his residence. Whether it was being used on a residential connection for irrigating his field is a matter of investigation, it is incumbent upon the Court not to embark upon any inquiry regarding the allegations of the FIR at the stage of Section 482 Cr.P.C.

¶11

However, the applicant is permitted to appear before the opposite party no. 2 - Executive Engineer, Electricity Distribution Division, Dakshinanchal Vidyut Vitran Nigam Ltd, Firozabad with an application along with a certified copy of this order for compounding his offences within fifteen days from today. If any such application is filed, the respondent no. 2 shall decide the same within a week thereafter.

¶12

For a period of three weeks from today, no coercive action shall be taken against the applicant in the aforesaid case.

¶13

With the aforesaid observations and directions, the application is disposed of.

¶14

Order Date :- 13.5.2022 nd

¶15

Digitally signed by NISITH DEY Date: 2022.05.18 13:12:11 IST Reason: Location: High Court of Judicature at Allahabad

Raghuveer Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Raghuveer Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kaushma Rastogi and 3 Others Vs State of U.P. and Another

Smt. Sangeeta Devi Vs State of U.P.and 3 Others

Shiv Narayan Yadav Vs State of U.P and Another

Santosh Kumar Vs State of U.P.and Another

Ruchi Mishra and 2 Others Vs State of U.P.and Another

Seema Chauhan Vs State of U.P. and Another