Court No. - 65
Case :- APPLICATION U/S 482 No. - 47330 of 2019 Applicant :- Sukhpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.,Chandan Agarwal
Hon'ble Vivek Kumar Singh,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel on behalf of applicant, Sri Chandan Agarwal, learned counsel for the opposite party No. 2 and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing/stay the entire criminal proceedings of Special Case No. 412 of 2017 arising out of Case Crime No. 58 of 2014 State of U.P. Vs. Sukhpal, under section 138-B The Electricity Act, 2003, Police Station Nakur, District Saharanpur as well as charge sheet dated 2507.2014 & cognizance order dated 22.04.2017 submitted in the aforesaid sections.
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