Court No. - 65
Case :- APPLICATION U/S 482 No. - 47028 of 2019 Applicant :- Shaligram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
Hon'ble Vivek Kumar Singh,J.
Vakalatnama filed by Sri Santosh Kumar Shukla, learned counsel on behalf of opposite party no. 2, is taken on record.
Heard Sri Sushil Kumar, learned counsel on behalf of applicant, Sri Santosh Kumar Shukla, learned counsel for the opposite party no. 2 and learned AGA for the State.
This application under Section 482, Cr.P.C. has been filed for quashing/stay the entire criminal proceedings of Criminal Case No. 678 of 2019, State Vs. Shaligram Verma in Case Crime No. 492 of 2018, under section 138(1)(b) of Indian Electricity Act (amended) 2003, Police Station Jalaun, District Jalaun pending in the court of Additional Sessions Judge/Special Judge (E.C.) Act, Jalaun at Orai and cognizance order dated 05.09.2019 passed by the learned Additional Sessions Judge/Special Judge (E.C.) Act, Jalaun at Orai.
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