Court No. - 78
Case :- APPLICATION U/S 482 No. - 46788 of 2019 Applicant :- Neelam Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.,Krishna Agarawal
Hon'ble Anil Kumar-IX,J.
Appearance slip has been filed by Shri Manu Ghildyal learned counsel for opposite party no. 2 today in the Court, is taken on record.
Heard learned counsel for the applicant, 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 the charge sheet no. 753/2013 dated 24.10.2013 under Section 135 Electricity Act, P.S. Vijay Nagar, District- Ghaziabad and the proceeding of Special Session Trial No. 143/2018 (State Vs. Neelam).
It is contended by the learned counsel for the applicant the offence in question is compoundable and the applicant is ready to compound the same, provided sometime may be given to him.
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.
If the applicant does not moves the application as aforesaid within the aforesaid period, the interim protection granted above shall automatically be vacated.
With the above observation, application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 19.12.2019 Sharad/-