Disposed

Rohitash Baghel v. State of U.P. and 3 Others

Allahabad HC29 Jul 2022A482/27991/2021

Case brief

AI extract

What is this about?

The court disposed of an application under Section 482 Cr.P.C. seeking quashing of prosecution in an electricity arrears case. It directed the Electricity Department to calculate the exact dues within three weeks, barred coercive action during this period, and held that the case would terminate if the amount was deposited.

What did the court decide?

Application under Section 482 Cr.P.C. disposed of; directions given to Electricity Department to assess arrear; applicant directed to verify amount and deposit to terminate case.

Rohitash Baghel Vs State of U.P. and 3 Others — Allahabad HC (2022) — LawSathi Research

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 27991 of 2021

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Applicant :- Rohitash Baghel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raj Kamal,Suresh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant, Sri Baleshwhar Chaturvedi, learned counsel for the electricity department (opposite party nos. 3 and 4), learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 12.09.2019, arising out of Case Crime No. 0397 of 2019, Police Station - Sirsaganj, District - Firorzabad, under Section - 135 Electricity Act and the cognizance order dated 14.01.2020 and the entire proceedings of the aforesaid Criminal Case No. 122 of 2020, pending in the court of A.S.J. IVth Firozabad.

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At the outset, it has been submitted that the matter relates to payment of arrears of electricity due to the applicant- Rohitash Baghel

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Sri Baleshwhar Chaturvedi, learned counsel for the electricity department (opposite party nos. 3 and 4) has been directed to make complete exercise regarding the balance amount due to be payable by the applicant and the applicant is ready to pay the same provided correct calculation is made out at the earliest.

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Under circumstances, the concerned electricity department is directed to make out complete assessment of arrear and the due amount to be recoverable as such from the applicant and to be specified to the applicant. The applicant is required to coordinate with the authority concerned and in case, specific amount is admissible to the applicant, he may deposit the same and thereafter the proceeding of this case shall stand terminated. In case of any objection, the matter can be re-agitated by the party concerned, as the case may be.

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Applicant is required to move appropriate application before the concerned official of the Electricity Department/court below within three weeks from today for knowing the correct amount.

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For a period of three weeks from today or till disposal of the

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application, whichever is earlier, no coercive action shall be taken against the applicant.

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It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

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It is expected that no latches shall be committed first by the concerned official of the Electricity Department and next by the applicant on part of compliance to be made by depositing the amount due against him.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of .

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Order Date :- 29.7.2022 S Rawat

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Digitally signed by SHOBHIT RAWAT Date: 2022.08.02 11:03:29 IST Reason: Location: High Court of Judicature at Allahabad

Rohitash Baghel v. State of U.P. and 3 Others

Case brief

What is this about?

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Rohitash Baghel v. State of U.P. and 3 Others

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