Dushyant vs State Of U.P. And 2 Others
2018 Latest Caselaw 728 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13019 of 2018
 
Petitioner :- Dushyant
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mahendra Kumar Yadav,Vinod Kumar Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri M.K.Yadav, learned counsel for petitioner,Sri Gauri Shanker Yadav, learned counsel appearing for Power Corporation, Sri A.K.Sand, learned AGA for State.

This writ petition has been filed with a prayer to quash the impugned F.I.R. dated 8.3.2018, registered as Case Crime No.238 of 2018, under Sections 138 (1) (b) of Electricity Act, Police Station-Mohammadabad,District Fatehgarh.

It is submitted by learned counsel for the petitioner that there has been some dispute between the petitioner and the Electricity Department with respect to electricity settlement dues for which the present proceeding has been filed by the Electricity Department for a malicious prosecution. The petitioner undertakes to clear all the electricity dues of the disputed bills.

Considering the facts and circumstances of the case, we dispose of the petition with the direction that the petitioner shall file and pursue his representation for settling the disputed bills before the concerned authority, who shall also decide the matter within one month from the date of production of certified copy of this order in accordance with law.

For period of one month or till the submission of police report under Section 173(2) Cr.P.C. whichever is earlier, the petitioner shall not be arrested in the aforesaid case.

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

Order Date :- 21.5.2018/NS