Veerendra Alias Bindu v. State of U.P. and 4 Others

Court No. - 93 Case :- APPLICATION U/S 482 No. - 36810 of 2023 Applicant :- Veerendra Alias Bindu Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Chandra Bhushan Prasad,Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Chandra Bhushan Prasad, learned counsel for the applicant and Sri Brijesh Kumar Dwivedi, learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the summoning order dated 08.06.2023 and charge sheet dated 06.04.2023 as well as the entire proceedings of Session Case No.1517 of 2023, Case Crime No.1450 of 2020, under Section-135 of the Electricity Act, 2003 (hereinafter referred to as the 'Act, 2003'), Police Station-Ante Power Theft, District-Agra, pending in the court of Additional Sessions Judge/Special Judge (E.C. Act), Court No.4, Agra.

¶3At the very outset, learned counsel for the applicant submits that he want to apply for compounding of the offence, as the offence u/s 135 of the Act, 2003 is compoundable in nature. Learned counsel for the applicant further submits that he want to apply for compounding before the competent authority as per permissible under the Act, 2003.

¶4Learned counsel for the opposite party nos.2, 3 and 4 states that if the applicant applies for compounding, his application for compounding shall be considered, in accordance with law and appropriate order shall be passed thereon.

¶5Considering the above submission, the applicant is directed to move an application before opposite party no.4-Executive Engineer, Dakchinanchal Vidyut Vitaran Nigam Limited, Sikandra, Agra for compounding the offence within three weeks from today. In case, a compounding application is filed by the applicant, the same shall be considered and decided by the Executive Engineer, Dakchinanchal Vidyut Vitaran Nigam Limited, Sikandra, Agra, in accordance with law within, next two weeks.

¶6For a period of five weeks, no coercive action shall be taken against the applicant, pursuant to the impugned FIR.

¶7With the aforesaid direction, the application is disposed of. Order Date :- 19.10.2023 S.Chaurasia High Court of Judicature at Allahabad