Court No. - 69
Case :- APPLICATION U/S 482 No. - 32106 of 2019 Applicant :- Subhash Chandra Jain Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Pandey,Awadhesh Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, 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 stay/quashing of the proceedings of Case No. 3648/9 of 2018 (State v. Subhash Chandra jain) Case Crime No. 454 of 2017, under section 138-B of Electricity Act, Police Station- Chhapar, District- Muzaffar Nagar as well as the charge sheet dated 30.1.2018 and its order of cognizance dated 16.10.2018.
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 :- 22.8.2019 ssm