Case :- APPLICATION U/S 482 No. - 16156 of 2019 Applicant :- Raj Kumar Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Ashish Pandey Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as the learned AGA.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet No. 253 of 2011, dated 04.11.2011 and summoning order dated 13.08.2018, passed by Special Judge (Essential Commodities Act), Etawah, as well as entire criminal proceeding of Special Case No. 918 of 2018, arising out of Case Crime No. 383 of 2011 (State vs. Raj Kumar), under Sections 135 Electricity Act, Police Station Civil Lines, District -Etawah.
Learned counsel for the applicant submitted that in this case, FIR was lodged by opposite party no. 2 on 20.08.2011 and after investigation, charge sheet was submitted by the investigating officer against the applicant on 04.11.2011, but the cognizance was taken by 4th Additional District and Session Judge/Spl. Judge (E.C.Act), Etawah on 13.08.2018 after more than 7 years.
On the strength of the fact, it is submitted that the order dated 13.08.2018 taking cognizance by the court below is barred by Section 468 Cr.P.C, therefore, entire proceeding is abuse of the process of the Court.
Matter requires consideration.
Learned AGA has accepted notice on behalf of the opposite party no.1.
Steps be taken by Registered Post A.D. within ten days.
All the opposite parties may file counter affidavit within theee weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List after five weeks before the appropriate Bench.
Till the next date of listing, further proceedings of Special Case No. 918 of 2018, arising out of Case Crime No. 383 of 2011 (State vs. Raj Kumar), under Sections 135 Electricity Act, Police Station Civil Lines, District -Etawah, pending before the Special Judge (Essential Commodities Act), Etawah, shall remain stayed against the applicant.
It is made clear that if steps, as directed above, are not taken within the aforesaid period, interim order granted in this case shall automatically come to an end.
Order Date :- 25.4.2019 v.k.updh.