Court No. - 86
Case :- APPLICATION U/S 482 No. - 19339 of 2021 Applicant :- Imran Opposite Party :- State Of U.P And Nother Counsel for Applicant :- Mannu Ram Counsel for Opposite Party :- G.A.,Udit Chandra
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash entire criminal proceeding of Case No. 58 of 2021, (State of U.P. Vs. Imran) arising out of Case Crime No.560 of 2019, under Section 135 of Electricity Act, 2003, P.S.- Mughalsarai, District- Chandauli, as well as summoning order dated 16.10.2019.
It is submitted by learned counsel for the applicant that the offence is compoundable one and parties have agreed to compound the offence, therefore, the proceedings of the present case be quashed.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicant. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C.
I have heard learned counsel for the applicant and learned AGA. and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicant. No interference is required by this Court.
Under the facts and circumstances of the case, the applicant is at liberty to move an application for compounding the offence before the Trial Court which shall be considered and decided by the Trial Court in accordance with law.
With the aforesaid observation, this application is disposed of finally.
Order Date :- 25.10.2021 S.Verma