This Single Judge Bench allowed an application under Section 482 Cr.P.C. to stay criminal proceedings under the Electricity Act, directing the applicant to apply for compounding within 15 days.
Stay of coercive action for three months pending disposal of compounding application; liberty to move application for compounding within 15 days.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 30421 of 2019
Applicant :- Smt. Sushma Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
Hon'ble Vivek Kumar Singh,J.
Heard Sri Raj Kumar Singh, learned counsel on behalf of applicant, Sri Baleshwar Chaturvedi, learned counsel for the opposite party No.2 and Sri Sanjay Singh, learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing/stay the entire criminal proceedings as well as Charge Sheet dated 17.11.2018 and Case No. 127/2018 arising out of Case Crime No. 0424 of 2018, under section 138(1) Electricity Act, P.S. Kotwali Fatehgarh, District Farrukhabad (State Vs. Smt. Sushma Verma).
It is contended by the learned counsel for the opposite party, the offence in question is compoundable.
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.
Order Date :- 6.8.2019 Arti
1 issue framed by the court
Whether the criminal proceedings under Section 138 of the Electricity Act should be quashed or stayed to allow the applicant to seek compounding.
Smt. Sushma Verma
Vivek Kumar Singh
As recorded by the court registry
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