Patna High CourtCR. MISC./52520/2013disposed

Amar Nath Jha v. The State Of Bihar

2017-01-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52520 of 2013 Arising Out of PS.Case No. -80 Year- 2013 Thana -PANDAUL District- MADHUBANI ======================================================

1. Amar Nath Jha Son Of Durga Nand Jha R/O Beside Chaudhary Industry Industrial Area Pandaul, P.S. Pandaul, District - Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Anuj Kr. Srivastav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-01-2017 Heard the parties.

The petitioner has filed the present application under Section 482 of the Cr. P.C. for quashing of the order, dated 02.08.2013, in connection with Pandaul P.S. Case No. 80 of 2013 passed by learned Chief Judicial Magistratem Madhubani, whereby and whereunder, he has taken cognizance of the offences punishable under Section 135 of the Indian Electricity Act, against the petitioner.

At the very outset, learned counsel for the petitioner has sought permission to withdraw the present application on the ground that he is ready to deposit the alleged amount of Rs. 14,910/- to North Bihar Power Distribution Company Limited with liberty to pay the same in installments.

Patna High Court Cr.Misc. No.52520 of 2013 (3) dt.19-01-2017 2/2 Heard learned A.P.P. and learned counsel, appearing on behalf of North Bihar Power Distribution Company Limited. Having heard both sides and in view of the submission of learned counsel for the petitioner, this application is dismissed as withdrawn.

However, as the petitioner is ready to deposit the amount in installments, petitioner may file a petition for depositing the amount on installments before the Court below and on filing of such application, the Court below after considering the petitioner's prayer, if possible, allow him to pay the said amount in some reasonable installments and once full amount is paid, if any petition is filed for compounding of case, the Court below shall consider the same on its own merit and after verifying the claim of amount being deposited, shall pass an appropriate order. (Vinod Kumar Sinha, J) sunil/- U T