Court No. - 69
Case :- APPLICATION U/S 482 No. - 36370 of 2019 Applicant :- Gajendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Misra Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, Sri Abhay Singh holding brief of Sri Baleshwar Chaturvedi, learned counsel for the respondent no.2 and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing cognizance order dated 26.07.2018 passed by Additional District Judge, court no.4, Firozabad in Case Crime No.0016 of 2018, under Section 138 Electricity Act, Police Station Makkhanpur, District Firozabad (S.S.T-No.1995/2018) (State vs. Gajendra Singh).
Learned counsel for the applicant submitted that the applicant is an employee of the Madhya Pradesh Teli Link Ltd. Gwalior M.P. from 1995 to 2016 and is living presently in Mahrana Pratap Nagar Gola Ka Mandir Gwalior,M.P. along with his family members. With regard to living in Gwalior the applicant has annexed certificates- i.e. Adhar Card, Gas Connection Certificate and Bank Passbook. Learned counsel for the applicant also contended that the offence is compoundable and he is ready for compounding.
Sri Abhay Singh holding brief of Sri Baleshwar Chaturvedi, learned counsel for the respondent no.2 submitted that on 23.12.2017 during checking the connection was found disconnected and again on checking on 19.01.2018 he was found committing theft of electricity.
In view of the facts and circumstances stated above and in the interest of justice, the applicant is directed to appear before the the appropriate authority within one month from today for compounding the matter.
If the applicants move an application as stated above within a month before the appropriate authority, no coercive action shall be taken next for further period of one month from the date of filing the said application or till disposal of the application.
However, in case, the applicant does not file application before appropriate authority within the aforesaid period, the order will automatically become ineffective. The court concerned will be at liberty to take appropriate steps against the applicant in accordance with law.
With the aforesaid directions, the application is disposed of.
Order Date :- 30.9.2019 Asha