Allahabad High Court
Sohel Ahmad vs State Of U.P. And 2 Others on 8 August, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:160110
Court No. - 35
Case :- APPLICATION U/S 482 No. - 28736 of 2023
Applicant :- Sohel Ahmad
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Karunesh Narayan Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Karunesh Narayan Tripathi, learned counsel for the applicant, Sri Rajeev Pandey, learned A.G.A., who appears for the respondent no.1 and Sri Ajeet Kumar Singh, who appears for respondent nos. 2 and 3.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding including the charge sheet dated 21.04.2018 as well as cognizance order dated 04.02.2019 in S.S.T. No. 60 of 2019 (State vs. Sohel), arising out of Case Crime No. 188 of 2018, under Section - 138 Electricity Act, Police Station - Kotwali, District - Kannauj, pending in the court of A.D.J./F.T.C.-First, Kannauj.
Learned counsel for the applicant submits that he has not committed the offence and no criminal offence is made out against him. He further relies upon the provisions contained under Section - 152 of the Electricity Act, 2003, so as to contend that the offences under Section - 138 of the Electricity Act, 2003 are compoundable and they are to be compounded under Section - 152 of the Electricity Act, 2003. Learned counsel for the applicant has placed reliance upon the judgment of the Hon'ble Apex Court in Criminal Appeal No. 156 of 2018 (Suresh Ganpati Halvankar vs. The State of Maharashtra), decided on 22.01.2018 to buttress the said submission.
Sri Karunesh Narayan Tripathi, learned counsel for the applicant submits that he shall move an appropriate application before the concerned court for getting the offences compounded and thus according to him, the proceedings be quashed. He undertakes to file proper application, as per the Statute before the authority concerned within period of 15 days' from today for getting the offences compounded.
Sri Rajeev Pandey, learned A.G.A. as well as Sri Ajeet Kumar Singh, learned counsel, who appears for the respondent nos.2 and 3 has sought to argue that the offence is compoundable under Section - 152 of the Electricity Act, 2003 and the proceedings be quashed with a rider that the applicant shall prefer compounding application under Section - 152 of the Electricity Act, 2003 before the concerned court.
Considering the submission of the rival parties and the stand taken by them, the entire proceedings including the charge sheet dated 21.04.2018 as well as cognizance order dated 04.02.2019 in S.S.T. No. 60 of 2019 (State vs. Sohel), arising out of Case Crime No. 188 of 2018, under Section - 138 Electricity Act, Police Station - Kotwali, District - Kannauj, pending in the court of A.D.J./F.T.C.-First, Kannauj stands quashed.
The applicant, as per his undertaking shall approach the concerned court for getting the offence compounded within a period of 15 days' from today after fulfilling all the formalities as prescribed therein.
Accordingly, the present application is allowed.
Order Date :- 8.8.2023
S Rawat
