Suresh Kumar @ Suresh Mishra v. State of U.P. and 2 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 44778 of 2023 Applicant :- Suresh Kumar @ Suresh Mishra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Chandra Prakash Garg Counsel for Opposite Party :- G.A.,Gaurav Singh Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned AGA for the State, Shri Gaurav Singh, learned counsel for O.P. Nos. 2 and 3 perused the record.

¶2Learned counsel for the opposite party nos. 2 and 3 has informed the Court that arrears of Rs.3,02,747/- is due upon the applicant.

¶3Learned counsel for the applicant has submitted that offence is compoundable offence and the applicant is ready to pay the entire arrears amount as determined by the Power Corporation.

¶4In view of the above, in case the applicant pays entire due arrears amount to the Power Corporation and thereafter, moves an application for compounding the offence before the court below within a period of three months from today, the court below shall pass appropriate orders on it in accordance with law.

¶5For a period of three months from today, no coercive action shall be taken against the applicant in pursuance of charge sheet dated 24.3.2022 passed in Special Case No. 449 of 2022, arising out of Case Crime No. 34 of 2020, under Section 138 (1)

(b) of Electricity Act, police Station Anti Power Theft Banda, District Banda, pending in the court of Special Judge (E.C. Act.)/Fourth ASJ, District Banda.

¶6With the aforesaid observations, present applicant under Section 482 CrPC is finally disposed off. Order Date :- 8.12.2023 R High Court of Judicature at Allahabad