Court disposed of criminal application seeking quashing of a charge sheet under Section 135 of the Electricity Act, 2003. Granted liberty to compound the offence before concerned authority within 15 days with no coercive action for three months.
Liberty to file compounding application in 15 days; no coercive action for three months; case disposed.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 28031 of 2019
Applicant :- Ramveer Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Virendra Singh Tomar,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Awadhesh Kumar Saxena
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri A. K. Saxena, 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.710 of 2018 dated 20.11.2018, Case No.950 of 2019 (State vs. Ramveer Singh) arising out of Case Crime No.1010 of 2018, under section 135 of the Electricity Act, 2003, PS.Khatauli, District Muzaffar Nagar, pending in the court of 4th A.D.J. Muzaffar Nagar.
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 :- 2.8.2019 Rk
1 issue framed by the court
Whether the charge sheet arising out of an offence under Section 135 of the Electricity Act, 2003 should be quashed under Section 482 CrPC.
2 provisions across 2 enactments
Ramveer Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
