Allahabad High Court
Saurabh Vishwakarma vs State Of U.P. And Another on 8 July, 2019
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved
Court No.67
Application U/S 482 Cr.P.C. No. 8727 of 2019
Saurabh Vishwakarma.........................................Applicant
Versus
State of U.P. and Another.................................Opp.Parties
Hon'ble Rahul Chaturvedi,J.
Heard Sri Vindeshwari Prasad Gupta, learned counsel for the applicant, Sri Mehboob Ahmad, learned counsel for the opposite party no.2/ U.P.Power Corporation Limited, Tagore Town through its Executive Engineer, learned AGA for the State and perused the record.
The instant 482 Cr.P.C. application is being filed challenging the entire criminal proceeding of criminal case no. 201 of 2019 arising out of case crime no. 404 of 2017 under Section 135 of the Electricity Act, P.S. Kydganj, District Allahabad and the cognizance and summoning order dated 10.01.2019.
Submission made by the counsel is that one Brijesh Kumar, Jr. Engineer, Gaughat Sub-Station/ Yamuna Bank Road, Allahabad has lodged the FIR on 20.08.2017 against the applicant for the offence, under Section 135 of the Electricity Act 2003 with the allegation that the raid was conducted on 18.08.2017 and applicant in his dwelling unit having an electricty connection bearing connection no. 29416. The applicant after using by-pass was committing theft of electricity. The raid team has collected some illegal/by-pass cable which is being used for the alleged theft. After conducting an investigation, the police has submitted charge sheet against applicant and the learned Magistrate has taken cognizance of the matter on 10.01.2019.
Submission made by learned counsel for the applicant that on 29.09.2018 (Annexure-5), the applicant has moved a representation mentioning therein to the Executive Engineer, U.P.Power Corporation Ltd., Tagore Town, Allahabad disputing factual aspect of the issue. The above mentioned electricity connection is in the name of Smt. Shyam Kali, his grand mother (naani) of the applicant and the said lady who is an eldely lady and thus it is not expected from her that she would commit theft of electricity. However, all these factual aspect of the issue could be well decided by the Executive Engineer, Tagore Town, Allahabad provided proper application under Section 152 of the Act for compounding for the offence is being made by the applicant after depositing the compounding fees and such other statutory dues payable for this purpose and raising all this factual issues before the concerned authority. The said authority concerned would decide the same after hearing both the parties by reasoned order within a period of eight weeks from the date of production of certified copy of this order.
Till the disposal of the application/eight weeks, no coercive action shall be taken against the applicant in criminal case no. 201 of 2019 arising out of case crime no. 404 of 2017 under Section 135 of the Electricity Act, P.S. Kydganj, District Allahabad.
With this observation the present application under Section 482 Cr.P.C. stands disposed of finally. However, it is made cler that if th applicant failed to avail this remedy within time stipulated, then the authorities would be free to take all coercive steps against the applicant provided under the law.
Order dated :08/07/2019
Abhshek Sri
