Disposed

Satish @ Rinku v. State of Up and Anr.

Allahabad HC11 Feb 2020A482/194/2020

Case brief

AI extract

What is this about?

Court disposed of an application under Section 482 Cr.P.C. quashing charge sheet and summons. It directed applicant to file a settlement application under Electricity Act within one month and granted three months coercive action stay.

What did the court decide?

Impugned applications stood disposed of upon direction to apply under Electricity Act within one month; stay of coercive action for three months or till disposal of application.

Satish @ Rinku Vs State of Up and Anr. — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 78 Case :- APPLICATION U/S 482 No. - 194 of 2020 Applicant :- Satish @ Rinku Opposite Party :- State Of Up And Anr Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi

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Hon'ble Om Prakash-VII,J.

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Counter affidavit filed today by the learned counsel for the opposite party no. 2 is taken on record.

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

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 27.01.2019, summoning order dated 04.10.2019 as well as entire proceeding of criminal case no. 992 of 2019 (State Vs. Satish @ Rinku) arising out of case crime no. 0012 of 2019, under Section 135 Electricity Act, Police Station Ait, District Jalaun pending before Additional District & Sessions Judge/Special Judge (EC Act), Jalaun at Orai and further to stay effect and operation of summoning order.

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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.

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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 a period of one month from today. If such application along with 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.

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For a period of three 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.

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

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With the aforesaid observations, this application stands disposed of.

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Order Date :- 11.2.2020

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Sachdeva

Satish @ Rinku v. State of Up and Anr.

Case brief

What is this about?

What did the court decide?

Satish @ Rinku v. State of Up and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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