Allahabad High Court
Badri Ram @ Shyam Narayan vs State Of U.P. And Another on 18 February, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- APPLICATION U/S 482 No. - 6909 of 2020 Applicant :- Badri Ram @ Shyam Narayan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.,Mahboob Ahmad Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned counsel for opposite party No.2, 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 charge sheet dated 18.07.2018 as well as entire proceeding of Case No. 131 of 2018, arising out of case crime no.86 of 2018, under Section 135 Electricity Act, Police Station Dhanapur, District - Chandauli pending in the Court of Additional District Judge-Ist, Chandauli. Further prayer has been made to stay the proceedings of aforesaid case.
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.
Having regard to the facts and circumstances of the case and having considered the submissions made by learned counsel for the parties and keeping in view the willingness shown by learned counsel for the applicant, 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 one month from today. If such application alongwith 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 :- 18.2.2020 Sanjeet