Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34435 of 2018 Petitioner :- Aslam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, Sri Baleshwar Chaturvedi, learned counsel for respondent no. 4 and learned A.G.A. for the State.
The present 482 Cr.P.C., application has been filed for quashing the F.I.R. dated 6.11.2018 which has been registered as case crime no. 1013 of 2013, under Sections 135 of Electricity Act and Sections 332, 353, 323, 504, 506 I.P.C., Police Station Delhigate, District Aligarh.
It is an admitted position that an offence under Section 135 of the Electricity Act is compoundable.
In view of the aforesaid, no useful purpose would be served in keeping the present application pending before this Court and, hence, the same is being disposed off in the following terms:
In case, the petitioner moves an application for compounding/dropping the proceedings before the appropriate authority in accordance with the provisions with regard to compounding within a period of one month from today, the appropriate authority shall consider and dispose of the same within a period of next two months by means of a reasoned and speaking order after giving an opportunity of hearing to the applicant.
Till the disposal of the aforesaid application by the appropriate authority, no coercive action shall be taken against the petitioner in the aforesaid case.
In case, the petitioner does not comply with the direction as given above, the interim protection granted by this Court shall stand automatically vacated.
Order Date :- 29.11.2018 Manoj