Vinay Vs State of Up and 2 Ors.

Court No. - 69

Case :- APPLICATION U/S 482 No. - 35183 of 2019

Applicant :- Vinay Opposite Party :- State Of Up And 2 Ors Counsel for Applicant :- Pradeep Kumar,Anand Kumar Pandey,Vijai Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Anand Kumar Pandey, learned counsel for the applicant and Sri Vijai Kumar Srivastava, 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 Charge Sheet No. 02/2017 dated 27.1.2017, as well as cognizance order dated 31.7.2017 passed by Special Judge (Electricity Act), Ballia, in Case Crime No. 438/2016 (State v. Pappu Pandey) under section 135 of Electricity Act, Police Station - Pakdi, District- Ballia, pending before Special Judge (Electricity Act), Ballia.

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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 :- 24.9.2019

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ssm

Vinay v. State of Up and 2 Ors.

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Vinay v. State of Up and 2 Ors.

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