Court No. - 53
Case :- APPLICATION U/S 482 No. - 2203 of 2019 Applicant :- Neeraj Pratap Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hanuman Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicant with a prayer to quash the charge-sheet dated 18.08.2018, the cognizance order dated 14.11.2018 as well as the entire proceedings in Special Case No. 209 of 2018 (State v. Neeraj Pratap Singh), arising out of Case Crime No. 132 of 2018, under Section 135 of The Electricity Act, 2003, Police Station - Jariya, District - Hameerpur, pending in the court of Special Judge (E.C. Act), Hameerpur.
Learned counsel for the applicant contended that as per prosecution version, it was alleged that the applicant was using electricity by illegal connection for the mobile tower. The applicant is an contractual employee of the mobile company. Accordingly, no offence is made out against the applicant.
Per contra, learned A.G.A. opposed the prayer so made and contentions thereof raised by learned counsel for the applicants and contended that the material on record was sufficient for filing of charge-sheet, initiation of criminal proceedings and taking cognizance in the aforesaid case against the applicant by the court below.
As alternative remedy is available to the applicant to get himself discharged before the trial court, it is not appropriate for this Court to exercise its extraordinary jurisdiction under Section 482 of the Code.
In view of the above, the prayer for quashing the impugned charge-sheet, the impugned cognizance order as well as the entire proceedings in the aforesaid case is hereby refused.
Accordingly, it is directed that if the applicant appears before the court below and files discharge application through his counsel within 30 days from today, the same shall be considered and decided by the the trial court by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive action shall be taken against the applicant.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 22.1.2019 I. Batabyal