Court No. - 44
Case :- APPLICATION U/S 482 No. - 39489 of 2018 Applicant :- Abdul Razzaq Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Noor Saba Begum,Nabi Ullah Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, Sri Mehboob Ahmad, Advocate appearing on behalf of the Department and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the cognizance order dated 12.02.2018 and Charge Sheet dated 24.07.2018 as well as entire proceedings of Case No. 04 of 2018(State Vs. Abdul Razzaq) arising out of Case Crime No.211 of 2016 under Section 138(B) of Indian Electricity Act(Amendment) 2003, Police Station-Phoolpur, District-Varanasi pending in the Court of Special Judge(Essential Commodities Act), Varanasi.
Thus, the prayer for quashing the cognizance order, charge- sheet as well as entire proceeding is declined.
Learned counsel for the applicant has submitted that the applicant is challenging the cognizance order dated 12.02.2018 passed by the learned Special Judge((Essential Commodities Act), Varanasi under Section 138(B) of Indian Electricity Act(Amendment), 2003. Learned counsel for the applicant has stated that the offence is compoundable in nature.
In the event, if the applicant approaches the relevant authority of Electricity Department with an application and deposits the entire compounding fee within fortnight from receipt of certified copy of this order, same shall be decided by the authority with a reasoned order within three months thereafter after providing the opportunity of hearing to both the parties.
Till such time the application for compounding is not decided by the authority, no coercive action shall be taken against the applicant pursuant to the present charge-sheet.
The application under section 482 Cr.P.C., is accordingly disposed of.
Order Date :- 31.10.2018/Sumit S