Court No. - 85
Case :- APPLICATION U/S 482 No. - 20113 of 2020 Applicant :- Shohel Ahamad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Chandra Singh,Sharad Chandra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicant, Sri Vipul Shukla, Advocate holding brief of Sri Narendra Kumar Tiwari for informant as well as learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge sheet dated 19.4.20219 arising out of Case Crime No.61 of 2019 under section 135(1)(E) & 138(1)(B) Electricity Act, Police Station- Dhebaruwa, District- Siddharth Nagar and stay of entire proceedings of Special Criminal Case No. 154/2020(State vs. Shohel Ahamad).
It is submitted by learned counsel for the applicant that since offence in question is compoundable and the applicant is ready to settle the matter, some time may be granted to him for the said purpose. Learned counsel for opposite party has no objection regarding the aforesaid prayer.
In view of the facts and circumstances of the case and considering the submissions made by learned counsel for the parties, in my view, no useful purpose would be served by keeping this application pending. Hence, applicant is directed to move an application under the relevant provisions of Electricity Act before the concerned authority within a period of one month from today. If such application along with certified copy of this order is moved by the applicant, the same shall be considered and decided expeditiously, preferably within a period of two months from the date of production of same in accordance with law after hearing the parties concerned.
For a period of three months or till the disposal of the said application, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
If case of default on the part of applicant, the interim protection granted to the applicant shall automatically come to an end.
With the aforesaid observations, this application stands disposed of.
Order Date :- 5.1.2021 P.P.