Dismissed

Chhunna Shukla v. State of U.P. and Another

Allahabad HC19 Aug 2019A482/28566/2019

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings under the Electricity Act. The court did not quash the proceedings but granted liberty to the applicant to compound the offence before the concerned authority within 15 days, staying coercive action for three months.

What did the court decide?

Liberty to move an application for compounding within 15 days; no coercive action for three months.

Chhunna Shukla Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 28566 of 2019

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Applicant :- Chhunna Shukla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yadavendra Dwivedi, Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Yadavendra Dwivedi, learned counsel for the applicant and Sri Baleshwar Chaturvedi, 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 entire criminal proceeding of S.S.T. (Electricity Act in Case No.128 of 2019,arising out of Case Crime No.420 of 2018 State Vs.Chhunna Shukla, under section 135((1)(d) of Electricity Act as well as charge sheet dated 30.9.2018 under section 135(i)(d) of Indian Electricity Act(Amendment) 2003, Police Station Rasoolabad, District Rama Bai Nagar(Kanpur Dehat), pending in the Court of Forth Addl. Distrit & Sessions Judge,Special Judge, Electricity Act, Court No.4, Kanpur Dehat

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It is contended by the learned counsel for the opposite party no. 2 that the offence in question is compoundable.

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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 :- 19.8.2019 IA

Chhunna Shukla v. State of U.P. and Another

Case brief

What is this about?

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Chhunna Shukla v. State of U.P. and Another

Case brief

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