Court No. - 69
Case :- APPLICATION U/S 482 No. - 35972 of 2019 Applicant :- Ashok Kumar Shukla Opposite Party :- State Of Up And Anr Counsel for Applicant :- Raj Kiran Chaudhary,Raj Kiran Chaudhary Counsel for Opposite Party :- G.A.,Mahboob Ahmad
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel on behalf of applicant, Sri Mahboob Ahmad, learned counsel on behalf of opposite party No.2 and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing/stay the entire criminal proceedings as well as Charge Sheet dated 05.08.2016 submitted in Case Crime No. 1077 of 2016, under section 135B Indian Electricity Amendment Act, 2003, Police Station Dhebarua, District Sidharth Nagar.
It is contended by the learned counsel for the opposite party, the offence in question is compoundable.
After hearing the learned counsel for the parties and on perusal of the material available on record this Court is of the opinion that no useful purpose would be served in keeping this petition pending, which is finally disposed off, with liberty to the applicant to move an appropriate application under the relevant provisions of Electricity Act for compounding, before the concerned authority within 15 days from today.
If such an application is moved by the applicant the same shall be considered and decided, most expeditiously, in accordance with law, after hearing the parties concerned, preferably within a period of two months.
For a period of three months or till the disposal of the aforesaid application, no coercive action shall be taken against the applicant.
Order Date :- 26.9.2019 Arti