Disposed

Deen Dayal Sharma v. State of U.P. and 3 Others

Allahabad HC12 May 2023A482/17778/2023

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash charge sheet and cognizance order in a Section 138 Electricity Act case was disposed of by disposing application with directions to pay dues and file compounding application.

What did the court decide?

Directing payment of electricity dues and filing of compounding application; imposing stay on coercive measures for one month upon compliance.

Deen Dayal Sharma Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:103902

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 17778 of 2023

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Applicant :- Deen Dayal Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.,Chetan Chatterjee

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicant, Sri Chetan Chatterjee, learned counsel for the opposite party, learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed by the applicants to quash/stay the charge sheet dated 30.11.2021 as well as cognizance order dated 25.08.2022 arising out of Case Crime No. 0169 of 2020, under Section 138 (1)(b) of Electricity Act, Police Station- Ballia, District Ballia, pending in the Court of Special Judge (E.C. Act), District- Ballia.

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It has been stated that the offence alleged is compoundable. The applicant is ready to settle the matter with the opposite party no. 4.

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

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i) the applicant shall pay up the entire electricity dues as claimed, upto date, within a period of three weeks from today.

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

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iii) any amount that may have been deposited either towards electricity dues or compounding charges may be adjusted against the amount that may be claimed against the applicant.

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

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

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

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With the aforesaid directions, the present application is disposed of .

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Order Date :- 12.5.2023 Shivani

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Deen Dayal Sharma v. State of U.P. and 3 Others

Case brief

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Deen Dayal Sharma v. State of U.P. and 3 Others

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