Disposed

Chandra Shekhar Jha v. State of U.P. and Another

Allahabad HC24 Feb 2020A482/7258/2020

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C. to quash a criminal case under Section 138-B of the Electricity Act, the court directed the applicant to file an application before the concerned authority within one month. Coercive action was stayed for three months pending the decision on the application.

What did the court decide?

Stay of coercive action for three months pending application under the Electricity Act to concerned authority.

Chandra Shekhar Jha Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 7258 of 2020

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Applicant :- Chandra Shekhar Jha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh Tomar,Subhash Gosain Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi

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Hon'ble Om Prakash-VII,J.

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Heard learned counsel for the applicant, Sri Baleshwar Chaturvedi, 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 criminal cae no. 100 of 2013 (State Vs. Chandra Shekhar) arising out of case crime no. 99 of 2013, under Section 138-B Electricity Act, Police Station Kotwali Konch, district Jalaun pending in the court of Special Judge (E. C. Act), Jalaun at Orai as well as summoning order dated 08.08.2013 and non bailable warrant dated 24.07.2013. Further prayer has been made to stay further 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 :- 24.2.2020

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Sachdeva

Chandra Shekhar Jha v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Chandra Shekhar Jha v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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