Disposed

Darshan Singh and 3 Others v. State of U.P. and Another

Allahabad HC19 Sept 2022A482/25330/2022

Case brief

AI extract

What is this about?

Single Judge of the Allahabad High Court granted interim protection from coercive action in a quashing application under Section 482 CrPC by permitting the applicant to compound the offence with the State within three weeks.

What did the court decide?

Interim protection from coercive action granted for six weeks upon the condition that the applicant files a compounding application within three weeks.

Darshan Singh and 3 Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 25330 of 2022

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Applicant :- Darshan Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi

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Hon'ble Sameer Jain,J.

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Heard Sri Kandarp Srivastava, learned counsel for the applicants, Sri Abhishek Chauvey, Advocate, holding brief of Sri Baleshwar Chatruvedi, learned counsel for opposite party no.3 and Dr. S.B.Maurya, learned AGA-I for the State.

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By way of the present application, applicants have made a prayer to quash the entire proceedings of Criminal Case No.2247 of 2017, under Section 136 of Indian Electricity Act (Amended), 2003 (in short the Act) pending in the court of Special Judge/Additional Sessions Judge, Court No.4, Agra including NBW issued on 12.4.2022.

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Learned counsel for the applicants submitted that applicants are ready to compound the offence as it is compoundable one. He further submitted that applicants may be permitted to move an application in this regard before the court below for compounding the offence and till the decision is taken by the court below on the application moved by applicants, some protection may be provided to the applicants.

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Learned counsel for opposite party no.3 and the learned AGA for the State are having no objection, if any, such direction along with protection is given

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to the court below.

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As applicants are ready to compound the offence and the offence under Section 136 of the Act is compoundable, therefore, it is provided that if applicants file an application to compound the offence within three weeks from today before the court concerned, then the court below shall decide the same in accordance with law within three weeks thereafter after affording opportunity of hearing to both the sides.

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Till six weeks from today, no coercive action shall be taken against the applicants in the aforesaid case.

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However, it is made clear that if applicant failed to file application for compounding the offence within stipulated period of time provided above, then the interim protection granted to them will automatically be vacated without any further reference to the Bench.

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With these directions, the instant application is, accordingly, disposed of.

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Order Date :- 19.9.2022 SKM

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Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.09.23 18:44:32 IST Reason: Location: High Court of Judicature at Allahabad

Darshan Singh and 3 Others v. State of U.P. and Another

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Darshan Singh and 3 Others v. State of U.P. and Another

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