The High Court directed the applicant to file an application before the Electricity Authority within one month. Pending that filing, the charge sheet and criminal proceedings were stayed for three months.
Stay of charge sheet and criminal proceedings for three months; direction to file application before Electricity Authority within one month.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 19732 of 2022
Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.,Pranjal Mehrotra
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Ram Chandra, Advocate, holding brief of Sri Pranajal Mehrotra for the opposite party no.2 and perused the record.
Instant application has been filed with the prayer to quash the charge sheet dated 07.10.2019 as well as entire criminal proceeding of case crime no.279 of 2019, under Section 138(b) Electricity Act, Police Station Amroha Dehat, District Amroha.
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 and some time may be granted to them for the said purpose.
Having regard to the facts and circumstances of the case and the submissions made by learned counsel for the parties, no fruitful 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 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.
Only till the period of three months from today, charge sheet dated 07.10.2019 as well as entire criminal proceeding of case crime no.279 of 2019, under Section 138(b) Electricity Act, Police Station Amroha Dehat, District Amroha., as regards the applicant, shall remain stayed.
If case of default on the part of applicant, the interim protection granted to the applicant shall automatically come to an end.
With the aforesaid observations, this application stands disposed off. Order Date :- 8.8.2022/Monika
Digitally signed by MONIKA KESARWANI Date: 2022.08.11 10:26:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash the charge sheet and criminal proceedings under Section 138(b) of the Electricity Act given the compoundable nature of the offence.
1 provisions across 1 enactments
Pradeep Kumar
Om Prakash Tripathi
As recorded by the court registry
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