Criminal proceedings and charge sheet under the Electricity Act were quashed in a Section 482 Cr.P.C. application, with liberty granted to the applicant to seek compounding to the competent authority.
No coercive action against the applicant for three months or till disposal of the compounding application; liberty to move for compounding.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 30455 of 2019
Applicant :- Gulam Rasool Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mohammad Khalid, learned counsel on behalf of applicant, Sri Baleshwar Chaturvedi, 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/stay the entire criminal proceedings as well as Charge Sheet No. 133 of 2018 dated 22.07.2018 in S.S.T. No. 670 of 2018 (State Vs. Gulam Rasool Khan) arising out of Case Crime No. 147 of 2018, under section 135 Electricity Act, Police Station Ganjdundwara, District Kasganj pending in the court of learned District and Session Judge-I/Special Judge (Electricity Act), Kasganj District Kasganj.
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 miscellaneous criminal proceedings and charge sheet under Section 135 Electricity Act should be quashed.
1 provisions across 1 enactments
Gulam Rasool Khan
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
