Court disposed of an application under Section 482 Cr.P.C. to quash proceedings under Section 135 Electricity Act. It allowed an interim protection order granting 3 months to apply for compounding.
Interim protection granted; applicant allowed 3 months to file an application for compounding under the Electricity Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- APPLICATION U/S 482 No. - 25607 of 2019
Applicant :- Anil Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Tewari,Pravin Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Sushil Kumar Tewari, Sri Baleshwar Chaturvedi, learned counsel for the opposite party No.2 and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing the Charge Sheet No. 79/17 dated 11.5.2016 and its cognizance order dated 27.10.2016 as well as entire proceedings of Case No. 2429 of 2016 (State v. Anil Kumar)arising out of Case Crime No. 184 of 2016, under section 135 Electricity Act, Police Station- Achhnera, District-Agra, pending in the court of IVth Addl. District Judge/Special Judge (E.C. Act), Agra.
It is contended by the learned counsel for the applicant the offence in question is compoundable and the applicant is ready to compound the same, provided sometime may be given to him.
After hearing the learned counsel for the parties and on perusal of the material available on record this Court is of the opinion that no useful purpose would be served in keeping this petition pending, which is finally disposed off, with liberty to the applicant to move an appropriate application under the relevant provisions of Electricity Act for compounding, before the concerned authority within 15 days from today. If such an application is moved by the applicant the same shall be considered and decided, most expeditiously, in accordance with law, after hearing the parties concerned, preferably within a period of two months.
For a period of three months or till the disposal of the aforesaid application, no coercive action shall be taken against the applicant.
If the applicant does not moves the application as aforesaid within the aforesaid period, the interim protection granted above shall automatically be vacated.
Order Date :- 2.7.2019
ssm
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. seeking quashing of charge sheet and cognizance orders under Section 135 of the Electricity Act warrants acceptance.
2 provisions across 2 enactments
Anil Kumar
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
