Court No. - 69
Case :- APPLICATION U/S 482 No. - 32522 of 2019 Applicant :- Sandesh Kumar Maurya @ Sandesh Kumar Opposite Party :- State Of Up And 2 Ors Counsel for Applicant :- A.K. Mishra Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari
Hon'ble Vivek Kumar Singh,J.
Heard Sri learned counsel for the applicant and Sri Narendra Kumar Tiwari, learned counsel for the opposite party No.2 and perused the material brought on record.
This application under Section 482, Cr.P.C. has been filed for quashing/stay the Charge Sheet dated 30.9.2018, Cognizance order dated 28.11.2018, summoning order dated 6.3.2019 as well as entire proceeding of S.T. No. 108/2018 (State v. Sandesh Kumar Maurya) under section 135 of Electricity Act, Police Station- Karma, District Seonebhadra arising out of Case Crime No. 108/2018, pending in the court of Ist Addl. Sessions Judge, Sonebhadra.
It is contended by the learned counsel for the opposite party no. 2 that 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 in the aforesaid case.
Order Date :- 26.8.2019 ssm