Disposed

Ajay Kumar Pandey v. State of U.P. and Another

Allahabad HC19 Sept 2022A482/25623/2022

Case brief

AI extract

What is this about?

The court granted an order under Section 482 CrPC allowing the applicant to compound an offence under Section 135 of the Indian Electricity Act. An application for compounding must be filed within three weeks. The court directed the lower court to decide the compounding application within three weeks of hearing. No coercive action against the applicant is permitted for six weeks, subject to condit

What did the court decide?

No coercive action against the applicant for six weeks, contingent on filing a compounding application within three weeks.

Ajay Kumar Pandey Vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 25623 of 2022

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Applicant :- Ajay Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Pandey Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi,Gaurav Singh

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Hon'ble Sameer Jain,J.

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Heard Sri R.B.Pandey, Advocate, holding brief of Sri Amit Kumar Pandey, learned counsel for the applicant, Sri Gaurav Singh, learned counsel for opposite party no.2, Sri Abhishek Chauvey, Advocate, holding brief of Sri Baleshwar Chatruvedi, learned counsel for opposite party no.3 and Sri Varun Kumar Agnihotri, learned Brief Holder, for the State.

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By way of the present application, applicant has made a prayer to quash the impugned charge sheet dated 5.4.2019 as well as summoning order dated 10.2.2021 in Case Crime No.10 of 2019, under Section 135 of Indian Electricity Act (Amended), 2003 (in short the Act) pending in the court of Additional Sessions Judge, Court No.2, Chitrakoot as Case No.Nil of 2019.

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Learned counsel for the applicant submitted that applicant is ready to compound the offence as it is compoundable one. He further submitted that applicant 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 applicant, some protection may be provided to the applicant.

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Learned counsels for opposite parties no.2 and 3 as well as the learned AGA for the State are having no objection, if any, such direction along with protection is given to the court below.

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As applicant is ready to compound the offence and the offence under Section 135 of the Act is compoundable, therefore, it is provided that if applicant files 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 fails to file an application for compounding the offence within stipulated period of time provided above, then the interim protection granted to him 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: 2022.09.24 11:26:22 IST Reason: Location: High Court of Judicature at Allahabad

Ajay Kumar Pandey v. State of U.P. and Another

Case brief

What is this about?

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Ajay Kumar Pandey v. State of U.P. and Another

Case brief

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