Court No. - 65
Case :- APPLICATION U/S 482 No. - 47254 of 2019 Applicant :- Nazim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A.,Pranjal Mehrotra
Hon'ble Vivek Kumar Singh,J.
Heard Sri Yadvesh Yadav, learned counsel on behalf of applicant, Sri Pranjal Mehrotra, learned counsel for the opposite party No.2 and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing/stay the entire criminal proceedings as well as cognizance order dated 16.03.2018 and charge sheet No. 261 of 2017, dated 29.10.2017 in S.S.T. No. 276 of 2018, Case No. 261 of 2017 arising out of Case Crime No. 463 of 2017 under section 138 (B) Indian Electricity Act, Police Station Mugalpura, District Moradabad pending in the court of Additional District Judge, Court No. 4, Moradabad.
It is contended by the learned counsel for the opposite party, the offence in question is compoundable.
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 two months.
For a period of three months or till the disposal of the aforesaid application, no coercive action shall be taken against the applicant.
Order Date :- 20.12.2019/Arti