Court No. - 69
Case :- APPLICATION U/S 482 No. - 36242 of 2019 Applicant :- Taufiq Qureshi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rohit Shukla, learned counsel for the applicant and Sri Shyam Singh Yadav, learned counsel for the opposite party No.2 and Sri Sanjay Singh, learned A.G.A.-I for the State.
This application under Section 482, Cr.P.C. has been filed for quashing the charge sheet dated 31.5.2018 as well as the summoning and cognizance taking order dated 24.9.2018 passed by the learned Additional Sessions Judge/Special Judge, Court No.4, Mathura in Special Case No.3608/2018 (State Vs. Taufiq) arising out of Case Crime No.206 of 2018, under Section 135 of the U.P. Electricity Act, 2003 and Sections 353, 353, 504 I.P.C., Police Station Kotwali, District Mathura, pending in the Court of learned Additional Sessions Judge/Special Judge, Court No.4, Mathura.
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/-