Court No. - 54 Case :- APPLICATION U/S 482 No. - 737 of 2010 Petitioner :- Balveer Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Paritosh Shukla Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and Sri V.P.
Pandey, holding brief of Sri H.P. Dubey, learned counsel for the Power
Corporation.
This application has been filed by the applicant with a prayer to quash the
proceedings of S.V. No. 185 of 2007 under sections 135,138 of
Electricity Act, P.S. Banna Devi district Aligarh pending in the court of
Special A.D.J. Aligarh.
From the perusal of the record it appears that in the present case final
report has been submitted, the same has been protested by O.P. No.2, the
learned Special Judge has considered the police report as well as the
statements recorded under section 200 and 202 Cr.P.C. The learned
Special Judge adopted a mixed procedure, which is not proper in law.
The impugned order dated 9.5.2007 summoning the applicant is illegal,
therefore, it is set aside.
However, the learned Special A.D.J. Aligarh shall pass a fresh order in
accordance with the provisions of law.
With the above direction this application is finally disposed of.
Order Date :- 12.1.2010
N.A.