Court No. - 65
Case :- APPLICATION U/S 482 No. - 47264 of 2019 Applicant :- Rahimul Haq Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Awadhesh Kumar Yadav, learned counsel on behalf of applicant, Sri Baleshwar Chaturvedi, 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 of Electricity Criminal Case No. 65 of 2019 (State Vs. Rahimul Haq) arising out of Case Crime No. 999 of 2015, under section 135 Indian Electricity Act, Police Station Pathara Bazar, District Siddharthnagar pending in the court of 1st Additional District & Sessions Judge, Siddharthnagar as well as charge sheet dated 04.01.2016 submitted by Investigating Officer.
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