Court No. - 69
Case :- APPLICATION U/S 482 No. - 36188 of 2019 Applicant :- Sharvan Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Prashant Ji Pandey Counsel for Opposite Party :- G.A.,Chandan Agarwal
Hon'ble Vivek Kumar Singh,J.
Heard Sri Prashant Ji Pandey, learned counsel for the applicant and Sri Chandan Agarwal, learned counsel for the opposite party No.2.
This application under Section 482, Cr.P.C. has been filed for quashing the proceedings of charge sheet dated 6.5.2018 as well as the cognizance taking order dated 1.8.2018 in Case No.635 of 2018 arising out of Case Crime No.0985 of 2017, under Sections 135/136 of Indian Electricity Act, Police Station Kairana, District Shamli, pending in the Court of learned Additional District Judge, Shamli.
It is contended by the learned counsel for the applicant the offence in question is compoundable and the applicant is ready to compound the same, provided sometime may be given to him.
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.
If the applicant does not moves the application as aforesaid within the aforesaid period, the interim protection granted above shall automatically be vacated.
Order Date :- 27.9.2019 Dev/-