Subhash Vs State of U.P. and 2 Others

Court No. - 69

Case :- APPLICATION U/S 482 No. - 26954 of 2019

Applicant :- Subhash Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.,Pranjal Mehrotra

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri Pranjal Mehrotra, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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This application under Section 482, Cr.P.C. has been filed for quashing the Charge Sheet dated 6.4.2017 as well as entire criminal proceeding of Case Crime No.98/2017, under section 138(B) Electricity Act, PS.Rajabpur, District Amroha and further prayer is to stay the proceeding of the aforesaid case.

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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

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applicant.

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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 :- 2.8.2019 Rk

Subhash v. State of U.P. and 2 Others

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Subhash v. State of U.P. and 2 Others

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