Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 20281 of 2018 Petitioner :- Bihari Lal Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner, Sri Mahboob Ali, counsel for the respondents no. 2 and 3 and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. dated 15.05.2018 which has been registered as Case Crime No. 453 of 2018 Under Section 135 Electricity Act, Police Station Cantt, District Varanasi. 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 stands automatically vacated.
Order Date :- 30.7.2018 Swati