Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15192 of 2019 Petitioner :- Om Prakash Agrawal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- G.A.,Baleshwar Chaturvedi
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, Sri Abhay Nitin Singh, holding brief of Sri Baleshwar Chaturvedi, learned counsel for the respondent no.3 and Sri Rajesh Mishra, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.151 of 2019, under Sections 135 of Electricity Act, 2003, Police Station Hathras Gate, District Hathras.
It is an admitted position that an offence under Section 135 of the Electricity Act is compoundable.
In view of the aforesaid, no useful purpose would be served in keeping the present writ petition pending before this Court and, hence, the same is being disposed of in the following terms.
In case the petitioner moves an application for compounding/dropping the proceedings before the appropriate authority in accordance with the provisions with regard to compounding within a period of one month from today, the appropriate authority shall consider and dispose of the same within a period of next two months by means of a reasoned and speaking order after giving an opportunity of hearing to the petitioner.
Till the disposal of the aforesaid application by the appropriate authority, no coercive action shall be taken against the petitioner in the aforesaid case.
In case, the petitioner does not comply with the direction as given above, the interim protection granted by this Court shall stand automatically vacated.
Order Date :- 30.5.2019 Puspendra