Disposed

Prabal Pratap Singh v. State of U.P. and Another

Allahabad HC25 Aug 2021A482/10467/2021

Case brief

AI extract

What is this about?

Court disposed of an application under Section 482 Cr.P.C. without entertaining quash reliefs. Counsel admitted applicant could seek compounding under Section 152 of the Electricity Act, 2003, leading the court to direct appropriate action by the authorized officer.

What did the court decide?

Application not entertained; direction to authorized officer to act on future compounding application.

Prabal Pratap Singh Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 10467 of 2021 Applicant :- Prabal Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Shri Vijay Tripathi, learned counsel for the applicant, Shri Baleshwar Chaturvedi, learned counsel who has put in appearance on behalf of opposite party no. 2 and Shri Ratnendu Kumar Singh, learned AGA appearing for the State opposite party.

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The present application under section 482 Cr.P.C. has been filed seeking to quash the entire proceedings in pursuance of charge sheet dated 25.10.2015 as well as impugned summoning order dated 07.05.2016 in Case No. 1226 of 2016 arising out of Case Crime No. 224 of 2015 (State of U.P. Vs. Prabal Pratap Singh) under section 135 Electricity Act, Police Station Kagaraul, District Agra.

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Counsel for the applicant after making submissions to some extent fairly submits that the necessary ingredients for invocation of the powers under Section 482 Cr.P.C. are not made out in the facts of the case. Accordingly, he does not wish to press the prayers as made in the application. The reliefs sought in the application are accordingly not entertained.

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Learned counsel states that the applicant would apply for compounding of the offence as per the provisions of Section 152 of the Electricity Act, 2003.

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Learned counsel appearing for the opposite party no. 2 does not dispute the aforesaid contention with regard to the applicability of provisions of compounding of offence under the Electricity Act, 2003.

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Having regard to the aforesaid submissions, it is provided that in case any application for compounding of the offence is moved by the applicant, the authorized officer concerned would be expected to take appropriate action thereon as per the statutory provisions contained under section 152 of the Electricity Act, 2003.

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The application stands disposed of accordingly.

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Order Date :- 25.8.2021 Kirti

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(Dr. Y.K. Srivastava, J)

Prabal Pratap Singh v. State of U.P. and Another

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Prabal Pratap Singh v. State of U.P. and Another

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