Sanjay Kumar Singh, J. - (1.) Heard Sri Om Prakash Chaube, learned counsel for the applicant, Sri Krishna Agarawal learned counsel for the opposite party no.2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 02.02.2019 passed by the Additional Sessions Judge (IVth)/Special Judge Banda, in Special Case No.329 of 2018 arising out of Case Crime No.97 of 2018 (State Vs. Shailendra Kumar) under Section 138 of the Electricity Act, 2003 P.S. Atarra, District Banda whereby non bailable warrant has been issued against the applicant on account of his non appearance before the trial court, as well as the entire proceedings of above case pending in the court of Additional Sessions Judge (IVth)/Special Judge Banda.
(3.) Filtering out unnecessary details, the basic facts of the case in brief are as follows:- (i)The applicant is consumer of Electricity Department and was having a valid connection of electricity. On 28.1.2013 an electric bill of Rs.4137/- was issued to the applicant, which was deposited by the applicant on 30.1.2013. Thereafter, on 18.2.2015 another bill was issued to the applicant for a sum of Rs.1,28,015/- which was disputed by the applicant and, as such, a Complaint Case No.83 of 2015 was preferred by the applicant before the District Consumer Forum, Banda on 29.5.2015, which was decided in favour of the applicant vide judgment and order dated 25.8.2017 setting aside the impugned bill dated 18.2.2015 with a direction to the Electricity Department to issue a fresh bill as per the direction given in the order dated 25.8.2017 adjusting the amount of Rs.15000/- paid by the applicant. (ii) Pursuant to the aforesaid order dated 25.8.2017, the Electricity Department on 27.8.2017 issued a fresh bill of Rs.2,07,644/- enhancing the amount which has not been deposited by the applicant because as per case of the applicant, the same was not inconsonance with the direction given by the consumer forum in the judgment and order dated 25.8.2017. (iii) Thereafter on account of non payment of bill dated 27.8.2017, the Electricity Department disconnected the electric supply of the applicant on 13.3.2018. Later on, the Electricity Department received an information that despite disconnection made on 13.3.2018, the applicant is committing theft of electric by illegal means without adopting due procedure provided for reconnection, therefore, the premises of the applicant was inspected on 30.5.2018 in order to know the truth and on inspection and checking in accordance with law, it was found that despite disconnection made on 13.3.2018, the electric wire was reconnected by the applicant from his own and as such, he was indulged in the theft electricity without depositing the arrears of dues against him. (iv) On account of aforesaid reason, a letter dated 30.5.2018 was issued under the signatories of the authorities concerned to the Electricity Department to incharge inspector Police Station Kotwali, Atarra to lodge the FIR against the applicant for committing an offence under Section 138 of the Electricity Act 2003. In the said background of the facts, the impugned FIR was lodged on 31.5.2018 as Case Crime No.97 of 2018 under Section 138 of the Electricity Act, 2003 P.S. Atarra, District Banda against the applicant, in which after investigation, the charge sheet was submitted by the Investigating Officer on 07.07.2018, on which the cognizance was taken on 18.9.2018 by the court concerned and the applicant was summoned to face trial under Section 138 of the Electricity Act. On account of non appearance of the applicant, non bailable warrant dated 02.02.2019 has been issued against him, which is under challenge before this Court by means of this application.;