Court No. - 78
Case :- APPLICATION U/S 482 No. - 46133 of 2019 Applicant :- Dileep Gupta Opposite Party :- The State Of Up And Another Counsel for Applicant :- Bachcha Singh Counsel for Opposite Party :- G.A.,Vijai Kumar Srivastava
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, Shri Vijai Kumar Srivastava, learned counsel for the 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 the entire proceeding of Special Sessions Trial No. 15 of 2018 (State Vs. Dileep Gupta), arising out of Case Crime No. 109 of 2017, under Section 135 Electricity Act, P.S.- Bairiya, District- Ballia as well as charge sheet no. 018 of 2017 dated 15.03.2017 and cognizance order dated 18.01.2018 as well as non bailable warrant dated 16.09.2019.
It is contended by the learned counsel for the applicant the offence in question is compoundable and the applicant is ready to compound the same, provided sometime may be given to him.
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.
If the applicant does not moves the application as aforesaid within the aforesaid period, the interim protection granted above shall automatically be vacated.
With the above observation, application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 17.12.2019 Sharad/-