Disposed

Jagraj Singh and Another v. State of U.P. and Another

Allahabad HC24 Aug 2023A482/28897/2023

Case brief

AI extract

What is this about?

AHC court disposed of an application under Section 482 Cr.P.C. for quashing proceedings arising from alleged theft. Directing payment of electricity dues and depositing compounding charges, the court suspended coercive measures for one month contingent upon compliance.

What did the court decide?

Payment of electricity dues and compounding charges directed within specified timelines; coercive measures suspended for one month conditional on compliance.

Jagraj Singh and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:171969

¶2

Court No. - 89

¶3

Case :- APPLICATION U/S 482 No. - 28897 of 2023

¶4

Applicant :- Jagraj Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Chandra Mathur Counsel for Opposite Party :- G.A.,Pranjal Mehrotra

¶5

Hon'ble Deepak Verma,J.

¶6

Heard learned counsel for the applicants, learned counsel for opposite party no. 2 and learned A.G.A. for the State and perused the record.

¶7

The present application under Section 482 Cr.P.C. has been filed by the applicant for quashing of charge-sheet dated 18.06.2022 as well as Cognizance/Summoning order dated 15.03.2023 passed by Learned Additional District and Sessions Judge, Court No. 4, Moradabad in Sessions Case No. 412 of 2023 (State Versus Jagraj Singh and Another) arising out of Case Crime No. 216 of 2022, Under Sections 332, 504, 506 of I.P.C. and Section 136 of Electricity Act, 2003, Police Station- Kanth, District- Moradabad, pending in the court of learned Additional District and Sessions Judge, Court No. 4, Moradabad.

¶8

Learned counsel for the applicants submitted that applicants have not been provided any bill regarding theft assessment and summoning order is without application of judicial mind. He further submitted that applicants have not changed the meter nor involved in electricity theft. All allegations are false and baseless and without support of any evidence.

¶9

Learned counsel for opposite party no. 2 submits that applicant has been charged under aforesaid case and there is prima facie evidence and learned Judicial Magistrate has rightly summoned the applicant.

¶10

It has been stated that the offence alleged is compoundable. The applicants are ready to settle the matter with opposite party no. 2. Reliance has also been placed on a Supreme Court decision in the case of Suresh Ganpati Halvankar Vs. The State of Maharashtra & Ors., AIR ON LINE 2018 SC 1464.

¶11

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

¶12

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

¶13

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.

¶14

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.

¶15

iv) upon proof of payment of the electricity dues and the compounding charges, 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.

¶16

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 shall not be adopted against the applicant till disposal of the compounding application.

¶17

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.

¶18

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

¶19

Order Date :- 24.8.2023 Anjali

¶20

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Jagraj Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jagraj Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Salman Vs State of U.P. and 3 Others

Hema Jaswani @ Rahika and 2 Others Vs State of U.P. and 2 Others

Shri Devendra Bhardwarj and Another Vs State of U.P. and Another

Shyam Murari Sharma Vs State of U.P.

Sanjiv Vs State of U.P. and Another

Sunil Kumar @ Sonu Vs State of U.P. and Another