Court No. - 69
Case :- APPLICATION U/S 482 No. - 32507 of 2019 Applicant :- Devta Maurya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A.,Kapil Dev Singh Rathore
Hon'ble Vivek Kumar Singh,J.
Sri Kapil Dev Singh Rathore, learned counsel has filed his Vakalatnama today on behalf of the opposite party No.2, it is taken on record.
Heard Sri Om Prakash,learned counsel for the applicant and Sri Kapil Dev Singh Rathore, learned counsel for the opposite party No.2 and perused the material brought on record.
This application under Section 482, Cr.P.C. has been filed for stay/quashing of the entire proceeding as well as Non Bailable Warrant Order dated 27.7.2019 in Special Sessions Trial No. 245 of 2018 (State v. Devta Maurya) arising out of Case Crime No. 854 of 2010 under section 135/135E of Indian Electricity (Amendment) Ast, 2003, Police Station- Bakhira, District- Sant Kabir Nagar, pending in the court of Addl. Sessions Judge, Sant Kabir Nagar.
It is contended by the learned counsel for the opposite party no. 2 that 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 in the aforesaid case.
Order Date :- 26.8.2019 ssm