Disposed

Pop Singh v. State of U.P. and Another

Allahabad HC19 May 2023A482/36700/2012

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash proceedings under Section 135 of Electricity Act, the single judge directed the applicant to seek proper assessment before the authority within three weeks. Coercive action was stayed for two months.

What did the court decide?

No coercive action to be taken for two months; applicant directed to apply for assessment within three weeks.

Pop Singh Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:110306

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 36700 of 2012

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Applicant :- Pop Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Shukla,Bidhan Chandra Rai

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Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Pankaj Kumar Shukla, learned counsel for applicant, Mr. Ashutosh Dwivedi, Advocate holding brief of Mr. Baleshwar Chaturvedi, learned counsel for opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for 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 the proceeding of Case No.83/10 (State Vs. Pop Singh), arising out of Case Crime No.307/09, under Section 135 of Electricity Act, Police Station-Barhan, District-Agra.

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Learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submission, requesting that in case, an application for proper assessment is moved before the authority concerned, the same may be decided within stipulated period. He further submits that initially protection was granted to the applicant.

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Learned counsel for the opposite party no.2 and learned A.G.A. have no objection to the same.

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Having regard to the facts and circumstances of case and having considered the submissions made by learned counsel for parties and keeping in view the willingness shown by learned counsel for 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 competent authority within three weeks from today. If such application along with certified copy of this order is moved by applicant, same shall be considered and decided, in accordance with law, expeditiously, preferably within a period of two months from the date of production of certified copy of this order.

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For a period of two months or till the disposal of said

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application, whichever is earlier, no coercive action shall be taken against applicant in the aforesaid case.

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In case of default on the part of applicant, interim protection granted to applicant shall automatically come to an end.

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With the aforesaid observations, this application stands finally disposed off .

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Order Date :- 19.5.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Pop Singh v. State of U.P. and Another

Case brief

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Pop Singh v. State of U.P. and Another

Case brief

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