Jagtar Singh vs State Of U.P. & Others
2021 Latest Caselaw 1578 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- U/S 482/378/407 No. - 287 of 2021
 

 
Applicant :- Jagtar Singh
 
Opposite Party :- State Of U.P. & Others
 
Counsel for Applicant :- Ratnesh Singh Tomar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the petitioner as well as learned Additional Government Advocate and perused the record.

The petition under Section 482 Cr.P.C. seeks quashing of entire proceedings of Criminal Case No.434 of 2020, arising out of Case Crime No.31 of 2020, under Section 135 Electricity Act, Police Station Kheri, District Lakhimpur Kheri and the summoning order dated 7.9.2020 passed by the Additional Session Judge IVth/Special Judge, Lakhimpur Kheri.

Office under Section 135 of the Electricity Act is compoundable.

Learned counsel for the petitioner submits that he will move an appropriate application for compounding the offence before the trail court, for which the petitioner may be given protection in terms of the judgment of the Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) and a judgment of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290.

Considering the aforesaid submission, it would be appropriate to allow the petitioner to move an application for compounding the offence under Section 135 of the Electricity Act before the trial court within a period of ten days from today and the trial court shall consider and decide the same expeditiously in accordance with law. Till disposal of the aforesaid application, the petitioner may be given the protection in view of the law laid down by the Supreme Court in the case of Lal Kamlendra Pratap Singh (supra) and Amrawati and another (supra)

With the aforesaid observation and direction, the petition stands disposed of.

Order Date :- 25.1.2021

Rao/-