Zakir Hussain v. State of U.P. and 3 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 39328 of 2023 Applicant :- Zakir Hussain Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Subodh Kumar,Nitesh Patel Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned AGA for the State, Shri Mukesh Kumar Singh, learned counsel for the opposite party nos.2 to 4 and perused the record.

¶2Learned counsel for the opposite party nos.2 to 4 has informed this Court that arrears of Rs.40,00,000/- is due upon the applicant, which is to be paid to the Power Corporation.

¶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 within a period of four months from today and thereafter, moves an application before the competent court for compounding the offence, the competent court shall pass appropriate orders on the said application, in accordance with law.

¶5For a period of four months from today, no coercive action shall be taken against the applicant in pursuance of charge-sheet dated 23.02.2022 and order dated 25.05.2023 passed by Additional Sessions Judge, Bareilly in Case No. 513 of 2022 (State of U.P. and Others Vs. Zakir Hussain), arising out of Case Crime No. 1071 of 2020, under Section 135 of Electricity Act, Police Station Anti Power Theft, District Bareilly.

¶6With the aforesaid observations, present application under Section 482 CrPC is finally disposed of. Order Date :- 12.12.2023 Nadim High Court of Judicature at Allahabad