Disposed

Yashpal v. State of U.P. and Another

Allahabad HC10 Feb 2020A482/2612/2020

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of a charge sheet under Section 135 of the Electricity Act, the court granted the applicant time to approach the relevant Electricity Act authority for settlement rather than exercising judicial discretion to quash.

What did the court decide?

Directed to move application under Electricity Act within one month; interim protection from coercive action granted for three months; application dismissed without exercising power to quash.

Yashpal Vs State of U.P. and Another — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 2612 of 2020

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Applicant :- Yashpal 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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Learned counsel for the applicant is permitted to make necessary correction in the prayer of the application.

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Heard learned counsel for the applicant, Sri Pranjal Mehrotra, 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 as well as entire proceeding of criminal case no. UPJB010005232019 (State Vs. Yashpal) arising out of case crime no. 0447 of 2017, under Section 135 Electricity Act, Police Station Hasanpur, District- Jyotiba Phule Nagar pending before IVth Additional District and Sessions Judge, Amroha and further to stay 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 :- 10.2.2020 Sachdeva

Yashpal v. State of U.P. and Another

Case brief

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Yashpal v. State of U.P. and Another

Case brief

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