Allahabad High Court
Mrs. Shilpika Sharma vs State Of U.P. Thru. Prin. Secy. (Home ... on 1 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 4259 of 2023 Applicant :- Mrs. Shilpika Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home Deptt.) Lko. And Others Counsel for Applicant :- Anuj Singh Counsel for Opposite Party :- G.A.,Amit Kumar Dwivedi Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned counsel for the opposite parties no. 2 & 3, Sri Girijesh Kumar Dwivedi, learned A.G.A. for the State and perused the material placed on record.
Instant application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings as well as the consequential proceedings in pending before the learned Special Judge(E.C. Act), Lucknow under section 135 of the Electricity Act,2003 as well as the summoning order dated 21-09-2006 i.e. the order dated 21-09-2006 passed by the learned Special Judge(E.C.Act), Lucknow in Criminal Case No. 152 of 2006, whereby after taking cognizance, the applicant has been summoned under section 135 of the Electricity Act, 2003.
Learned counsel appearing for the applicant submits that the first information report was lodged alleging therein that the electricity theft has been committed by the present applicant, though, she was not involved in committing the offence. He submits that false allegations have been levelled against the present applicant. He further added that as per the provisions of Section 152(1) of the Electricity Act, 2003, the present applicant has deposited the compounding fee of Rs. 10,000/-, which is evident from the order dated 11-01-2023 of the Executive Engineer, Electricity Urban Distribution Division, Raj Bhawan, Sub.Station-Dalibagh, Lucknow. He added that once the aforesaid amount has been deposited by the applicant, the provisions of Section 152(2) of the Electricity Act, 2003, shall come into effect and as per the mandate of the aforesaid provisions, the further proceedings shall not continue against the applicant. Section 152(2) of the Act, 2003 is quoted hereinunder :-
"152 (2) On payment of the sum of money in accordance with sub-section(1), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court."
Referring the aforesaid, he added that the applicant has deposited the compounding fee of Rs. 10,000/- and the same has been accepted by the electricity department and thus, the criminal proceedings against the present applicant may be quashed.
On the other hand, learned counsel appearing for the electricity department has accepted the fact that Rs.10,000/- as compounding fee has been deposited by the present applicant and for the same an order has been passed by the Executive Engineer of the electricity department on 11-01-2023.
Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.
Considering the submissions of learned counsel for the parties and after perusal of the material placed on record, it transpires that initially the first information report was lodged against the present applicant for electricity theft and thereafter, the present applicant has deposited the compounding fee and the same is evident from the order of the Executive Engineer of the electricity department.
This court has also noticed the fact that there is a provision under section 152(2) of the Electricity Act, 2003 that in case the compounding fee is deposited for the electricity theft, no further proceeding shall be instituted or continued against such consumer or person in any criminal court.
Admittedly, the amount of compounding fee has been deposited in the instant matter and therefore, the further criminal proceedings, arising out of Criminal Case No. 152 of 2006 (State Vs. Vs Vijay Kumar Tiwari and Ors), Case Crime No. 115 of 2006, is hereby quashed, so far as the present applicant is concerned.
With the aforesaid observations, the instant application is hereby allowed.
Order Date :- 1.5.2023 AKS