Disposed

Omkar Singh v. State of U.P. and Another

Allahabad HC7 Feb 2020A482/5466/2020

Case brief

AI extract

What is this about?

The Court was considering an application to quash a charge sheet and non-bailable warrant under the Electricity Act. The applicant expressed willingness to settle the compoundable offence. The Court did not quash the process but granted a one-month interim order to file an application before the Electricity Authority and stayed coercive action for three months. The application was disposed of with

What did the court decide?

No coercive action to be taken for three months; applicant directed to file an application under the Electricity Act within one month.

Omkar Singh 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. - 5466 of 2020

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Applicant :- Omkar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Chandra Singh,Sharad Chandra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Heard learned counsel for the applicant and 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 as well as non bailable warrant in S.S.T. No. 77 of 2018, arising out of case crime no.0222 of 2017, under Section 138(B) Electricity Act, Police Station- Sachendi, District- Kanpur Nagar pending before Additional District & Sessions Judge-IV/ Special Judge (EC Act), Kanpur Nagar.

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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 one month 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.

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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 :- 7.2.2020

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safi

Omkar Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Omkar Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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