Shahid vs State Of U.P. And 3 Others
2018 Latest Caselaw 523 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12268 of 2018
 
Petitioner :- Shahid
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sunil Kumar Dwivedi
 
Counsel for Respondent :- G.A.,Chandan Agarwal
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.K.Dwivedi, learned counsel for the petitioner, Sri Chandan Agarwal, learned Counsel for the Power Corporation, Sri A.K.Sand, learned A.G.A. for the State and perused the record.

This writ petition has been filed by the petitioner with a prayer to quash the FIR dated 14.4.2017, registered as Case Crime No.451 of 2017, under Section 135 Electricity Act (Amendment),2003 Police Station-Kotwali Nagar, District Bulandshahr.

Learned counsel for the petitioner contended that there has been some dispute between the petitioner and the Power Corporation with respect to electricity settlement dues for which the present proceeding has been filed by the Power Corporation for a malicious prosecution. The offence is compoundable and the petitioner is ready to settle the dispute.

Learned counsel for the Power Corporation as well as learned AGA has disputed the contention of the learned counsel for the petitioner that there has been some dispute regarding the dues in question but he may approach the authorities concerned for settlement outside the Court as there is provision under Section 152 of the Electricity Act for compounding the offence to which the learned counsel for the petitioner is ready to participate for compounding the proceeding before the authorities.

Considering the submissions made by learned counsel for the parties, the petitioner is directed to file an application within three weeks from today before the authority concerned for settlement of dispute of electricity dues between the petitioner and Power Corporation, the concerned authority shall allow the proceeding for compounding the offence and shall pass appropriate orders within three weeks thereafter in accordance with law positively.

For a period of six weeks, no coercive action shall be taken against the petitioner.

With the above direction, this application is finally disposed of.

(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)

Order Date :- 14.5.2018/NS