Disposed

Hashnain v. State of U.P. and Another

Allahabad HC5 Jan 2021A482/17015/2020

Case brief

AI extract

What is this about?

Court disposed of application under Section 482 Cr.P.C. granting interim protection from coercive action, with liberty to applicant to file compounding application under Electricity Act within 15 days.

What did the court decide?

Interim protection from coercive action for two months or till disposal of compounding application; liberty to move compounding application within 15 days.

Hashnain Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2021)

¶1

Court No. - 78 Case :- APPLICATION U/S 482 No. - 17015 of 2020 Applicant :- Hashnain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Ojha Counsel for Opposite Party :- G.A.,Pranjal Mehrotra Hon'ble Anil Kumar-IX,J.

¶2

Heard learned counsel for the applicant, Shri Pranjal Mehrotra, learned counsel for opposite party No.2 and perused the record.

¶3

This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceeding as well as impugned charge sheet dated 04.04.2018 in Case Crime No.0049 of 2018 (State vs. Hasnain), under Section 138 Indian Electricity Act (Amendment) 2003, Police Station- Saidangali, District- Amroha (J.P. Nagar).

¶4

It is contended by the learned counsel for the applicant that the offence in question is compoundable and the applicant is ready to compound the same, provided sometime may be given to him.

¶5

After hearing the learned counsel for the parties and on perusal of the material available on record this Court is of the opinion that no useful purpose would be served in keeping this petition pending, which is finally disposed off, with liberty to the applicant to move an appropriate application under the relevant provisions of Electricity Act for compounding, before the concerned authority within 15 days from today. If such an application is moved by the applicant the same shall be considered and decided, most expeditiously, in accordance with law, after hearing the parties concerned, preferably within a period of one month.

¶6

For a period of two months or till the disposal of the aforesaid application, no coercive action shall be taken against the applicant in the aforesaid case.

¶7

If the applicant does not move the application as aforesaid within the aforesaid period, the interim protection granted above shall automatically be vacated.

¶8

With the aforesaid directions, this application u/s 482 is disposed of finally.

¶9

Order Date :- 5.1.2021 Ashutosh Pandey

Hashnain v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Hashnain v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kuldeep Pandey Vs State of U.P. and Another

Manish and Another Vs State of U.P. and Another

Suresh Kora Vs State of U.P. and Another

Gajendra and Another Vs State of U.P. and Another

Hasna and 2 Others Vs State of U.P. and Another

Satrudhan and 3 Others Vs State of U.P. and Another