Disposed

Bhorik Saroj v. State of U.P. and 2 Others

Allahabad HC22 Nov 2023A482/42581/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application seeking to quash electricity theft proceedings arising under the EC Act. The court directed payment of electricity dues followed by an application for compounding the offence. Protection from coercive measures was granted pending compliance.

What did the court decide?

Directs payment of electricity dues within three weeks; filing of compounding application after payment; stay on coercive measures for one month upon compliance.

Bhorik Saroj Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:221275

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 42581 of 2023

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Applicant :- Bhorik Saroj Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Chandra Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, Sri Chetan Chatterji, learned counsel for the opposite party no. 2 and learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceedings of Case No. 33 of 2023 including the Charge sheet dated 14.01.2023 (State vs. Bhorik Saroj) as well as Cognizance and Summoning order dated 10.03.2023 passed by the Special Judge (EC Act), Azamgarh, arising out of Case Crime No. 883 of 2020, under Section 135 of Electricity Act, Police Station- Anti Power Theft, DistrictAzamgarh.

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It has been stated that the offence alleged is compoundable. The applicant is 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.

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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, up to 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 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.

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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 shall 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 off.

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Order Date :- 22.11.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Bhorik Saroj v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Bhorik Saroj v. State of U.P. and 2 Others

Case brief

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