Disposed

Ramsaran v. State of U.P. and Another

Allahabad HC17 Feb 2020A482/2610/2020

Case brief

AI extract

What is this about?

The High Court, while hearing an application under Section 482 Cr.P.C. to quash a charge sheet, did not address the merits. Instead, it directed the applicant to move an application under the Electricity Act within one month and stayed coercive action for a period of three months if complied with.

What did the court decide?

Applicant directed to move an application under the Electricity Act within one month; coercive action stayed for three months pending such application.

Ramsaran Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 2610 of 2020

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Applicant :- Ramsaran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Mohd Taqi Abdi,Syed Ahmed Faizan Counsel for Opposite Party :- G.A.,Pranjal Mehrotra

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Hon'ble Om Prakash-VII,J.

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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.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 31.07.2017 submitted by the Investigating Officer on which learned Additional Court-IV and Sessions Judge, Amroha taking cognizance in case crime no. 445 of 2017 for the offence under Section 135 of Indian Electricity Act, Police Station Hasainpur, district Jyotiba Phule Nagar. Further prayer has been made to stay the proceedings of the aforesaid case.

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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 :- 17.2.2020

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Sachdeva

Ramsaran v. State of U.P. and Another

Case brief

What is this about?

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Ramsaran v. State of U.P. and Another

Case brief

What is this about?

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