Court No. - 55 Case :- APPLICATION U/S 482 No. - 67 of 2010 Petitioner :- Ram Bali Ram Respondent :- State Of U.P.And Another Petitioner Counsel :- Nabiullah,Virendra Kumar Respondent Counsel :- Govt. Advocate Hon'ble Vineet Saran,J.
Heard Sri Nabiullah, learned counsel for the applicant as well as learned
A.G.A. appearing for the respondent no. 1 and Sri V.P. Pandey, learned
holding brief of Sri H.P. Dubey, learned counsel for the respondent no. 2.
With consent of learned counsel for the parties, this application is being
disposed of without calling for a counter affidavit.
The applicant has been chargesheeted under Section 135 of the Electricity
Act, in pursuance of which a Case No. 50 of 2009 (State Vs. Ram Bali Ram)
is pending before the Ist Judicial Magistrate, Varanasi. The submission of the
learned counsel for the applicant is that the offence against the applicant is a
compoundable and in pursuance thereof he has deposited a sum of Rs.
8,000/-.
Sri V.P. Pandey, learned holding brief of Sri H.P. Dubey, learned counsel for
the respondent no. 2 does not dispute this position and accepts that the
submission of the learned counsel for the applicant regarding the
compoundable of the offence.
In such view of the matter, since the applicant has deposited the amount and
in view of the statement made by Sri V.P. Pandey, it is provided that the
charge-sheet in case no. 50 of 2009 arising out of Case Crime No. 115 of
2009 (State Vs. Ram Bali Ram) under Section 135 of Electricity Act, Police
Station: Shivpur, District: Varanasi, pending in the Court of Ist Judicial
Magistrate, Varanasi, is quashed.
The application under Section 482 Cr.P.C. stands allowed.
Order Date :- 7.1.2010
AbHishEK