Court No. - 69
Case :- APPLICATION U/S 482 No. - 32045 of 2019 Applicant :- Gopal Ji Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anand Pati Tiwari, learned counsel for the applicant and Sri Sanjay Singh, learned AGA-I on behalf of State and perused the material brought on record.
Present application has been filed for directing the learned Chief Judicial Magistrate, District Auraiya to decide the application dated 13.08.2018 submitted on behalf of the applicant under sections 39/40 of the Electricity Act prevailing at the relevant point of time in Case No. 1526 of 2003 (State Vs. Sipahi Lal and others) arising out of Case Crime No. 151 of 2003, under sections 39/40 of the Electricity Act, Police Station Auraiya, District Auraiya, expeditiously, preferably within the time stipulated by this Court.
The contention of learned counsel on behalf of applicant is that applicant is absolutely innocent and has not committed any offence as alleged in the first information report. However, as the applicant is not willing to contest the case and intended to get the same decided and as there is provision for compounding under sections 39/40 of the Old Electricity Act that on confession by an accused the matter would be decided on payment of fine. In the aforesaid circumstances the applicant moved an application on 13.08.2018 before the learned Chief Judicial Magistrate, District Auraiya confessing his offence and praying to decide the matter by fixing the least fine. The aforesaid application is still pending consideration of the concerned court and no orders have yet been passed on the application dated 13.08.2018. A copy of the application dated 13.08.2018 moved on behalf of applicant has been annexed as Annexure No. 3 to the affidavit filed in support of present application.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the material on record, no useful purpose would be served in keeping the petition pending which is finally disposed off with a direction to the learned Chief Judicial Magistrate, District Auraiya to consider and decide the application dated 13.08.2018 moved on behalf of applicant in the light of sections 39/40 of the Old Electricity Act, preferably within a period of two months from the date of production of a certified copy of this order before him.
Order Date :- 22.8.2019 Arti