Court No. - 78
Case :- APPLICATION U/S 482 No. - 43543 of 2019 Applicant :- Gangaram Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Surendra Prasad Mishra,Manish Tripathi Counsel for Opposite Party :- G.A.,Pranjal Mehrotra
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, Sri Pranjal Mehtotra, learned counsel for opposite party No.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Criminal Case No. 254 of 2016 arising out of Case Crime No.45 of 2016 (State Vs. Gangaram) under Section 135(3) of Indian Electricity Act, Police Station- Amroha Nagar, District- Jyotiba Phule Nagar as well as cognizance order dated 21.12.2016 in Charge Sheet dated 07.03.2016.
It is contended by the learned counsel for the applicant that 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 one month.
For a period of two months or till the disposal of the aforesaid application, no coercive action shall be taken against the applicant.
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 aforesaid directions, this application u/s 482 is disposed of finally.
Order Date :- 28.11.2019/Ashutosh Pandey