Court No. - 49
Case :- CRIMINAL REVISION No. - 741 of 2021 Revisionist :- Sharda Prasad Opposite Party :- State of U.P.
Counsel for Revisionist :- Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Sri Birendra Singh, learned counsel for revisionist/petitioner, after arguing for some time, confines his prayer only to the effect that he has instructions from his client to approach the competent authority, as provided under Rule 70(6) of the U.P. Minor and Mineral (Concession) Rules, 1963 (hereinafter referred to as 'Rule of 1963'), are provided that on payment of fine of Rs. 25,000/- and royalty payable on the goods, found to be illegally transported, an offence can be compounded and vehicle in case be discharged. He submits that his client is willing to compound the offence by paying the necessary penalty and other charges, as may be imposed by the competent authority and it may be directed that if he moves such application for compounding before the competent authority, then impugned order dated 08.02.2021 will not come in way of such compounding.
In view of such submissions, this petition is disposed off with a direction that in case, petitioner moves an application for compounding and the authority concerned finds that offence can be compounded strictly in accordance with the provisions, contained in Rule of 1963, then procedure be adopted oblivious to the order passed by the learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad.
In above terms, petition is disposed off.
Order Date :- 30.7.2021 Vikram/-