Santosh Kumar Gupta Vs State of U.P. and 4 Ors.

Court No. - 69

Case :- APPLICATION U/S 482 No. - 37091 of 2019

Applicant :- Santosh Kumar Gupta Opposite Party :- State Of U.P. And 4 Ors Counsel for Applicant :- Atharva Dixit,Raghuvansh Misra Counsel for Opposite Party :- G.A.,Mukesh Kumar Singh

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Atharva Dixit, learned counsel for the applicant and Sri Mukesh Kumar Singh, 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 of the impugned order dated 6.3.2019 and entire proceedings of Special Criminal Case No. 127 of 2018 (State of U.P. v. Santosh Kumar Gupta0 arising out of Case Crime No. 2296 of 2017, under section 135 Electricity Act, Police Station- Katra, District- Shahjahanpur, pending in the court of Special Judge (E.C. Act)- IVth/Addl. Sessions Judge, Shahjahanpur.

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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 :- 14.10.2019 ssm

Santosh Kumar Gupta v. State of U.P. and 4 Ors.

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Santosh Kumar Gupta v. State of U.P. and 4 Ors.

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