Court No. - 49
Case :- APPLICATION U/S 482 No. - 39400 of 2018 Applicant :- Mahesh Opposite Party :- State Of U.P. And 2 Anr Counsel for Applicant :- Manohar Prasad Gupta Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi,S. C. Pandey
Hon'ble Ved Prakash Vaish,J.
Heard Shri Manohar Prasad Gupta, learned counsel for the applicant, Shri S.C. Pandey, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the charge sheet dated 22.01.2017 in S.S.T. No. 1118 of 2017 (State Vs.
Mahesh) arising out of Case Crime No. 748 of 2016, under Section 138 (B) of Indian Electricity Act, P.S. Bhognipur, District Kanpur Dehat, pending in the Court of Additional District Judge, Court No. 4, Kanpur Dehat.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no offence is made out. He also submits that applicant is ready to settle the matter with opposite party no. 2 and the offence is compoundable.
In view of the facts and circumstances of the case, there is no ground to quash the charge sheet. Accordingly, the prayer for quashing the charge sheet is declined.
However, the applicant is directed to appear before learned court concerned within 30 days from today in the aforementioned case and move an appropriate application. The learned trial Court will consider the said application in accordance with law as expeditiously as possible. No coercive steps shall be taken against the applicant in the aforesaid case for a period of 30 days or till the application filed by the applicant is decided, whichever is earlier. In case, the applicant fails to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the present application under Section 482 Cr.P.C. stands disposed of.
(Ved Prakash Vaish, J.) Order Date :- 27.11.2018 M/A.