Disposed

Shahnawaz v. State of U.P. and Another

Allahabad HC28 Jan 2020A482/1581/2020

Case brief

AI extract

What is this about?

This single-paragraph order disposed of an application under Section 482 CrPC seeking quashing of proceedings. The court directed the applicant to file a settlement application before the Electricity Act authority within 15 days and granted interim relief prohibiting coercive action for two months.

What did the court decide?

Direction to file settlement application under Electricity Act within 15 days; interim protection from coercive action for two and a half months.

Shahnawaz Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2020)

¶1

Court No. - 78

¶2

Case :- APPLICATION U/S 482 No. - 1581 of 2020

¶3

Applicant :- Shahnawaz Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Jaiswal,Ajay Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Om Prakash-VII,J.

¶5

Heard learned counsel for the applicant, Sri Ajay Kumar , learned counsel for opposite party No.2, learned AGA for the State and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet, summoning order dated 15.2.2019 as well as entire proceeding of criminal case no. 210 of 2019, arising out of case crime no.775 of 2014, under Section 135 Electricity Act, Police StationMawana, District- Meerut pending before Special Judge (EC Act), Merut and further to stay effect and operation of summoning order.

¶7

It is submitted by learned counsel for the applicant that since offence in question is compoundable and the applicant is ready to settle the matter, some time may be granted to him for the said purpose.

¶8

Having regard to the facts and circumstances of the case and having considered the submissions made by learned counsel for the parties and keeping in view the willingness shown by learned counsel for the applicant, in my view, no useful purpose would be served by keeping this application pending. Hence, applicant is directed to move an application under the relevant provisions of Electricity Act before the concerned authority within 15 days from today. If such application alongwith certified copy of this order is moved by the applicant, the same shall be considered and decided expeditiously, preferably within a period of two months from the date of production of same in accordance with law after hearing the parties concerned.

¶9

For a period of two and a half months or till the disposal of the said application, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.

¶10

If case of default on the part of applicant, the interim protection granted to the applicant shall automatically come to an end.

¶11

With the aforesaid observations, this application stands disposed of .

¶12

Order Date :- 28.1.2020

¶13

safi

Shahnawaz v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shahnawaz v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bahadur @ Bahadur Singh Vs State of Up and Another

Mohd Najim Vs State of U.P.and Another

Smt. Malati Devi and Another Vs the State of Up and Another

Surendra Vs State of U.P. and Another

Chhotu Yadav @ Satendra Yadav (Minor) Vs State of U.P. and 2 Others

Smt. Santosh Kumari @ Guddi Devi and 4 Others Vs State of U.P. and Another