Disposed

Shamim and Another v. State of U.P. and Another

Allahabad HC4 Nov 2022A482/24873/2022

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C. for quashing a charge-sheet, the High Court disposed of the matter by directing the applicant to move for compounding before the trial court and keeping coercive processes in abeyance for three weeks.

What did the court decide?

Coercive process kept in abeyance for three weeks; direction to apply for compounding before trial court.

Shamim and Another Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

¶1

Court No. - 88

¶2

Case :- APPLICATION U/S 482 No. - 24873 of 2022

¶3

Applicant :- Shamim And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A.,Pranjal Mehrotra

¶4

Hon'ble Syed Aftab Husain Rizvi,J.

¶5

Learned counsel for the applicants is present.

¶6

State is represented through learned AGA.

¶7

This application U/s 482 Cr.P.C. has been filed for quashing the charge-sheet No.99 of 2019 dated 09.06.2022 in Sessions Case No.69 of 2022 arising out of case crime no.79 of 2019 under section 138-B of Electricity Act, P.S. Bhojpur, District Moradabad pending in the court of learned Additional District Judge, court no.4 Moradabad.

¶8

Learned counsel for the applicant submitted that applicant is willing to deposit the dues if any after deducting the amount already paid. It is further submitted that applicant is not pressing the prayer for quashing of charge-sheet. Purpose will be served if the direction is issued with regard to compounding of the case.

¶9

Learned counsel for opposite party no.2 submitted that offence is compoundable. Applicant may move proper application for compounding before the trial court. The trial court may pass appropriate order on it in accordance with law.

¶10

Considering the submissions of the rival parties, the facts and material on record, this application U/s 482 Cr.P.C. is disposed off with a direction that applicant may appear before the court below within a period of three weeks and move proper application as advised. If any application for compounding is moved by the applicant, the trial court shall pass appropriate order on it in accordance with law.

¶11

For a period of three weeks, the coercive process issued against the applicants shall be kept in abeyance.

¶12

Order Date :- 4.11.2022 C. MANI

¶13

Digitally signed by CHANDRAMANI VERMA Date: 2022.11.14 09:58:11 IST Reason: Location: High Court of Judicature at Allahabad

Shamim and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shamim and Another 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Rajbhar Vs State of U.P. and Another

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

Virendra Vs State of U.P. and Another

Satendra Kumar Mishra Vs State of U.P. and 2 Others

Rajpal and 7 Others Vs State of U.P and Another

Vishal @ Vishal Choudhary and 2 Others Vs State of U.P. and Another