Disposed¶11

Naresh Chandra v. State of U.P. and Another

Allahabad HC18 Jan 2023A482/24195/2022

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application; theft of electricity; Section 135 Electricity Act; compoundable offence; compounding application; charge sheet No. 21 of 2019; cognizance order 23.09.2019; Case Crime No. 549 of 2018; P.S. Govardhan, Mathura; Special Case No. 3212 of 2019; no coercive measures; Allahabad High Court; Saumitra Dayal Singh, J.; disposed.

What did the court decide?

Application disposed of with a direction that, upon the applicant appearing before the learned court below by the next date and seeking compounding, the offence under Section 135 of the Electricity Act may be compounded in accordance with law; subject to such compliance, no coercive measure shall be taken during the pendency of the compounding application. ¶11

Naresh Chandra Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet No. 21 of 2019 dated 16.01.2019, the cognizance order dated 23.09.2019 and the entire proceedings of Special Case No. 3212 of 2019 under Section 135 of the Electricity Act against the applicant deserve to be quashed. +1 more

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Court's answer

Allegations of theft of electricity levelled against the applicant appear supported by case diary material; no interference is warranted with the criminal prosecution insofar as quashing has been prayed.

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Ratio / Principle

The offence alleged is only under Section 135 of the Electricity Act, and the same is compoundable.

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Key takeaways

If the applicant appears before the learned court below on or before the next date and seeks compounding, the offence may be compounded in accordance with law.ratio¶10
Subject to the applicant seeking compounding on the date fixed, no coercive measure shall be taken during the pendency of the compounding application.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Saumitra Dayal Singh, J.) — Application under Section 482 Cr.P.C. (No. 24195 of 2022) by Naresh Chandra seeking quashing of charge sheet No. 21 of 2019 dated 16.01.2019, cognizance order dated 23.09.2019 and the entire proceedings of Special Case No. 3212 of 2019 (State Vs. Naresh Chandra), arising out of Case Crime No. 549 of 2018, Section 135 Electricity Act, P.S. Govardhan, District Mathura. HELD: Allegations of theft of electricity against the applicant appear supported by case diary material; no interference warranted with the criminal prosecution. The offence under Section 135 being compoundable, application disposed of with direction that on the applicant's appearance before the court below by the next date and seeking compounding, the offence may be compounded in accordance with law; subject to such compliance, no coercive measure shall be taken during pendency of the compounding application.

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 24195 of 2022

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Applicant :- Naresh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maheep Kumar Counsel for Opposite Party :- G.A.,Sunil Kumar Dubey

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Hon'ble Saumitra Dayal Singh,J.

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Heard Shri Brahm Prakash Mishra, learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 21 of 2019 dated 16.01.2019 and cognizance order dated 23.09.2019 as well as the entire proceedings of Special Case No. 3212 of 2019 (State Vs. Naresh Chandra), arising out of Case Crime No. 549 of 2018, under Section - 135 Electricity Act, Police Station - Govardhan, District - Mathura, pending in the court of Additional District and Sessions Judge/Special Court, Mathura.

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Submission is, no theft of electricity had been committed by the applicant. The FIR allegations are false.

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On the other hand, perusal of the record during made fact allegations have been levelled against the applicant as to theft of electricity. The same appear to be supported by case diary material. In view of the above no interference is warranted, insofar as the quashing of criminal prosecution has been prayed.

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At the same time, the offence alleged is only under Section 135 of the Electricity Act. The same is compoundable.

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In view of the above, application is disposed with a direction in the case the applicant appears on or before next date in the proceeding appears before the learned court below, offence alleged may be compounded in accordance with law subject to the applicant seeking compounding on that date fixed. Subject to such compliance, no coercive measure shall be taken during the pendency of compouding application.

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Accordingly, the present application is disposed off .

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Order Date :- 18.1.2023 Ashutosh

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Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

Naresh Chandra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Naresh Chandra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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