Ram Sajeevan Kori v. State of U.P. Thru. Prin. Secy ( Home) Civil Sectt. Lko and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10758 of 2023 Applicant :- Ram Sajeevan Kori Opposite Party :- State Of U.P. Thru. Prin. Secy ( Home) Civil Sectt. Lko And Another Counsel for Applicant :- Shesh Mani Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the impugned summoning order dated 02.01.2013, chargesheet dated 30.09.2012 and also subsequent order dated 09.09.2014 in Criminal Case No.12 of 2013 (State Vs. Ram Sajeevan Kori) arising out of F.I.R. No.364 of 2012 under Section 138-B of Electricity Act, 2003, P.S.- Lalganj, District-Pratapgarh before Special Judge, District-Pratapgarh.

¶3Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case as neither any summon nor any information was received prior to issuance of non-bailable warrant in this case. He further submitted that the alleged offence is compoundable and he is ready to file application for compounding, therefore, application may be disposed of with liberty to file application for compounding through counsel.

¶4Learned A.G.A. has no objection in grant of aforesaid prayer.

¶5In view of above, it is provided that applicant permitted to move his compounding application through counsel within six weeks from today and in case any such application is being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

¶6Till the aforesaid period of six weeks and during pendency of compounding application, no coercive steps shall be taken against the applicant in the aforesaid case.

¶7In case of failure on the part of applicant in moving the compounding application within the aforesaid period, he will not be entitled to the benefit of this order.

¶8With above directions this application stands disposed of. Order Date :- 2.11.2023 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench