Court No. - 83
Case :- APPLICATION U/S 482 No. - 7587 of 2021 Applicant :- Netrapal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Shantanu Prasad, Advocate holding brief of Mr. Aishwarya Pratap Singh, learned counsel for applicant, learned A.G.A. for State and Mr. Baleshwar Chaturvedi, learned counsel representing Dakshiranchal Vidyut Vitran Nigam.
Perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of Case No.112 of 2020, (State Vs. Netrapal Singh) arising out of Case Crime no.0177 of 2019, under Section- 138(1)(b) Indian Electricity Act, (Amended 2003), Police Station- Chharra, District- Aligarh, pending in the court of Special Judge (E.C. Act) Additional and Sessions Judge, Aligarh. Further prayer has been made to stay the proceedings of aforesaid case.
It is submitted by learned counsel for the applicant that since offence in question is compoundable and the applicant is ready to settle the matter, some time may be granted to him for the said purpose.
Having regard to the facts and circumstances of case and having considered the submissions made by learned counsel for parties and keeping in view the willingness shown by learned counsel for applicant, in my view, no useful purpose would be served by keeping this application pending. Hence, applicant is directed to move an application under the relevant provisions of Electricity Act before the concerned authority within one month from today. If such application along with certified copy of this order is moved by applicant, same shall be considered and decided expeditiously, preferably within a period of two months from the date of production of same in accordance with law after hearing the parties concerned.
For a period of three months or till the disposal of said application, whichever is earlier, no coercive action shall be taken against applicant in the aforesaid case.
If case of default on the part of applicant, interim protection granted to applicant shall automatically come to an end.
With the aforesaid observations, this application stands finally disposed of.
Order Date :- 30.7.2021 Saif