Dismissed

Rohit Misra v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC10 Apr 2024/3344/2024

Case brief

AI extract

What is this about?

The High Court Allowed the impleadment of an Executive Engineer as opposite party No.3. Upon consideration of the submissions and the compoundable nature of the offense under the Electricity Act, the Court disposed of the Section 482 Cr.P.C. application by directing the applicant to file a compounding application before the competent authority within one month, with a stay on coercive action for t

What did the court decide?

Direction to file a compounding application under Section 152 of the Electricity Act within one month; stay on coercive action for three months or until disposal.

Rohit Misra Vs State of U.P. Thru… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29178

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 3344 of 2024

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Applicant :- Rohit Misra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Himanshu Suryavanshi Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Shri Himanshu Suryavanshi, learned counsel for applicant, Shri Bhasker Mal, learned A.G.A. for State and Shri Amit Kumar Dwivedi, learned Counsel for the Electricity Department and perused the material placed on record.

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At the very outset, learned Counsel for the applicant submits that he may be permitted to implead concerned Executive Engineer as opposite party No.3 in the array of parties as well as in the memo of the application, in the interest of justice.

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Learned A.G.A. has no objection to the prayer made by learned Counsel for the applicant.

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Accordingly, learned Counsel for the applicant is permitted to implead concerned Executive Engineer as opposite party No.3 in the array of parties and in the memo of the application during the course of the day.

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This application under Section 482 Cr.P.C. has been filed by the applicant Rohit Misra, with a prayer to quash the entire proceedings of Sessions Case No.799 of 2023 arising out of F.I.R. No.544 of 2020, under Section 135 Electricity Act, Police Station Anti Power Theft, District Sitapur (wrongly stated as Anti Power Theft in charge sheet and F.I.R.) pending in the court of learned Additional Sessions Judge, Court No.4 / (E.C. Act), Sitapur as well as impugned cognizance / summoning order dated 17.05.2023, bailable warrant order dated 12.02.2024 and charge sheet no.191 of 2023 dated 14.02.2023 submitted under Section 135 of Electricity Act by the Investigating Officer.

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Learned Counsel for the applicant submits that since offence in question is compoundable and the applicant is ready to settle the matter, therefore, some time may be granted to him for the said purpose and to approach the authority concerned under

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Section 152 of the Electricity Act.

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Learned Counsel for the Electricity Department as well as learned A.G.A. have no objection if the offence is compounded under Section 152 of the Electricity Act.

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Having regard to the facts and circumstances of case and having considered the submissions made by learned counsel for parties and keeping in view the willingness shown by learned counsel for applicant, this Court is of the view that no useful purpose would be served by keeping this application pending.

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In view of above, the applicant is directed to move an application under the relevant provisions of Electricity Act before the concerned authority within one month from today. If such an application along with the certified copy of this order is moved by the applicant before the authority concerned within the stipulated period, the same shall be considered and decided by the authority concerned expeditiously, preferably within a period of two months from the date of production of same in accordance with law after hearing the parties concerned.

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For a period of three months or till the disposal of said application, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.

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In case of default on the part of applicant, interim protection granted to the applicant shall automatically come to an end.

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With the aforesaid observations, this application stands finally disposed of .

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Order Date :- 10.4.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Rohit Misra v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Rohit Misra v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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