Ashok vs State Of U.P. And 2 Others
2022 Latest Caselaw 6270 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 8797 of 2022
 

 
Applicant :- Ashok
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Ashutosh Pandey,Vichitra Singh Chauhan
 
Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
 

 
Hon'ble Brij Raj Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Ashutosh Dwivedi, Advocate holding brief of Sri Baleshwar Chaturvedi, learned counsel for opposite party nos.2 and 3.

The present 482 Cr.P.C. application has been filed with a prayer to quash the impugned charge sheet dated 23.08.2017 as well as cognizance order dated 20.12.2017 passed by Special Judge (E.C. Act), Etah in Criminal Misc. Case No.2179 of 2017 in Case Crime No.0280 of 2017, under Section 138-B Electricity Act, Police Station Awagarh, District Etah with a further prayer to stay the further proceeding of aforesaid criminal case.

Learned counsel for the applicant has submitted that for the offence of theft of electricity the compounding procedure is provided under Section 152 of the Electricity Act, 2003. He has further submitted that the applicant is ready to settle the matter and he will appear before the court below alongwith appropriate application.

Learned counsel for the applicant has relied upon the judgment passed by Hon'ble Supreme Court in the case of Suresh Ganpati Halvankar Vs. State of Maharashtra & others in Criminal Appeal No.156 of 2018 decided on 22.01.2018. Section 152 of Electricity Act dealing with the compounding is quoted herein below:-

"152. Compounding of offences.-

1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Appropriate Government or any officer authorised by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this Act, a sum of money by way of compounding of the offence."

In view of the aforesaid factual backdrop, the applicant will move appropriate application within two weeks from today and the same will be decided by the concerned court within two months, thereafter.

Till the application for compounding is decided by the concerned court, no coercive action shall be taken against the applicant in respect of aforesaid Case No.2179 of 2017.

Order Date :- 7.7.2022

Atul