Single judge order quashing the cognizance order dated 21.08.2020 by the Additional District & Sessions Judge-I, Amroha, directing a fresh order because the applicant deposited the amount due.
Quashed the cognizance order dated 21.08.2020 and directed the court below to pass a fresh order.
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Court No. - 90
Case :- APPLICATION U/S 482 No. - 20246 of 2020
Applicant :- Bagesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A.,Pranjal Mehrotra
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet bearing Charge sheet No.285 of 2019, dated 24.12.2019 submitted by the I.O., in Case Crime No.338 of 2019, under Sections 135 of Electricity Act, related to Police Station Saidangali, district J.P. Nagar, upon which the learned Additional District & Session Judge-1, Amroha has taken cognizance on 21.08.2020.
The contention of learned counsel for the applicant is that the offence is compoundable. He submitted that he has deposited the entire money, copy whereof has been annexed on page no.29 of the paper book. He further submitted no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Per contra, Sri Ram Chandra holding brief of Sri Pranjal Mehrotra, learned counsel for the opposite party no.2 submitted that the offence is compoundable and if the money has been deposited then the matter be compounded. He also submitted that the impugned order taking cognizance be quashed.
Considering the aforesaid facts and circumstances of the case, this Court deems it fit to quash the cognizance order dated 21.08.2020 passed by Additional District & Sessions Judge-I, Amroha with a direction to the court below to pass a fresh order as the applicant has deposited the amount due against him.
The application is accordingly disposed of.
Order Date :- 18.1.2021 R./
1 issue framed by the court
Whether the cognizance order in the said committal proceedings should be quashed in light of the amount deposited by the applicant.
Bagesh Kumar
Ajit Singh
As recorded by the court registry
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