Disposed

Alishan v. State of U.P. and Another

Allahabad HC2 Sept 2021A482/6577/2021

Case brief

AI extract

What is this about?

CSPH directed applicant to file a compounding application under the Electricity Act within 15 days before the concerned authority, with interim protection from coercive action for one month, on the finding that no useful purpose would be served by pending the Section 482 application.

What did the court decide?

Direction to move application under Electricity Act within 15 days for compounding; interim protection from coercive action for one month.

Alishan Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2021)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 6577 of 2021

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Applicant :- Alishan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the applicant, Sri Baleshwar Chaturvedi, learned counsel appearing for respondent no.2 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 charge sheet dated 14.04.2018 and cognizance order dated 18.02.2019 passed by IV Additional District and Session/Special Judge, Jhansi in Special Trial No.335 of 2019 (State Versus Alishan) arising out of Case Crime No.135 of 2018 under Section 135 Electricity Act, Police StationNawabad, District-Jhansi.

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It is submitted by learned counsel for the applicant that though representation has already been made before competent authority for compounding the case, yet charge sheet has been submitted against the applicant. It is also submitted 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 15 days 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 one month from the date of production of same in accordance with law after hearing the parties concerned.

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For a period of one month or till the disposal of the said

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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 :- 2.9.2021 MN/-

Alishan v. State of U.P. and Another

Case brief

What is this about?

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Alishan v. State of U.P. and Another

Case brief

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