Single Judge disposed of a Section 482 CrPC application seeking quashing of criminal proceedings under the Electricity Act without hearing the applicant, allowing time to apply for compounding.
Application disposed of with liberty to move for compounding under Electricity Act within 15 days; no coercive action for 3 months.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 40231 of 2019
Applicant :- Mohd. Jahoor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mansoor Ahmad,Mohd. Ishraque Farooqui Counsel for Opposite Party :- G.A.,Kapil Dev Singh Rathore
Hon'ble Vivek Kumar Singh,J.
Heard Sri Kapil Dev Singh Rathore, learned counsel for the opposite party No.2 and learned A.G.A. for the State, none appears even in the revised call on behalf of applicant to press this application.
This application under Section 482, Cr.P.C. has been filed for quashing the entire criminal proceedings in case Crime No. 1080 of 2017( case No. 1000/2018 under section 135 Electricity Act, Police Station- Baradari, District Bareilly pending in the court of A.D.J. Court No. 4 ( Special Judge) E.C.Act, District Bareilly.
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 :- 14.11.2019 aks
1 issue framed by the court
Whether the criminal proceedings under section 135 of the Electricity Act should be quashed or dismissed with liberty to compound.
3 provisions across 2 enactments
Mohd. Jahoor
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
