Court No. - 54
Case :- APPLICATION U/S 482 No. - 31437 of 2018 Applicant :- Mohd. Rahish Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 04.07.2018 in Case Crime No. 468 of 2018 under Section 135 of Indian Electricity Act(Amendment) 2003, Police Station-Farrukhabad Kotwali, District-Farrukhabad pending in the Court of learned Special Judge(E.C. Act) Court No. 4, Farrukhabad as well as cognizance order dated 23.07.2018 in Case No. 401 of 2018 passed by learned Special Judge(E.C. Act), Court No. 4, Farrukhabad raising number of factual aspects of the issue which cannot be adjudicated in exercise of inherent power under Section 482 Cr.P.C.
Thus, the prayer for quashing the charge-sheet is declined.
Learned counsel for the applicant has submitted that the applicant is challenging the cognizance order dated 23.07.2018 passed by the learned Magistrate under Section 135 of Indian Electricity Act(Amendment), 2003. Learned counsel for the applicant has stated that the offence is compoundable in nature In the event, if the applicant approaches the relevant authority of Electricity Department with an application and deposits the entire compounding fee within fortnight from receipt of certified copy of this order, same shall be decided by the authority with a reasoned order within four weeks thereafter.
Till such time the application for compounding is not decided by the authority, no coercive action shall be taken against the applicant pursuant to the present charge-sheet.
The application under section 482 Cr.P.C., is accordingly disposed of.
Order Date :- 17.9.2018 Sumit S