Raj Kumar Patel Vs State of U.P. and Another

Court No. - 69

Case :- APPLICATION U/S 482 No. - 26165 of 2019

Applicant :- Raj Kumar Patel Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Rajesh Kumar Tiwari,learned counsel for the applicant and Sri Mahboob Ahmad, learned counsel for the opposite party No.2 and perused the material brought on record.

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This application under Section 482, Cr.P.C. has been filed for quashing the Charge Sheet No.1 of 2018 dated 29.7.2018 and cognizance dated 14.3.2019 and also quash the further proceedings of Case No. 448 of 2019 (State v. Raj Kumar Patel) under section 135 of Electricity Act arising out of Case Crime No. 374 of 2018, Police Station- Cholapur, District -Varanasi, pending in the court of Special judge (E.C. Act) Varanasi.

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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.

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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.

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For a period of three months or till the disposal of the aforesaid application, no coercive action shall be taken against the applicant in the aforesaid case.

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Order Date :- 8.7.2019

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ssm

Raj Kumar Patel v. State of U.P. and Another

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Raj Kumar Patel v. State of U.P. and Another

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