Court No. - 65
Case :- APPLICATION U/S 482 No. - 47243 of 2019 Applicant :- Rais Ullah Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Jawahar Lal Maurya,Manoj Kumar Counsel for Opposite Party :- G.A.,Mahboob Ahmad
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel on behalf of applicant Sri Mahboob Ahmad, learned counsel for the opposite party Nos. 2 and 3 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 Case No. 363 of 2019 arising out of Case Crime No. 120 of 2019, under section 138B of Electricity Act, Police Station Kokhraj, District Kaushambi, pending before Additional District and Sessions Judge IV, as well as charge sheet dated 14.05.2019 and cognizance/summoning order dated 06.09.2019 passed by court below.
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