MANOJ KUMAR GUPTA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY way of this petition under Section 482 of Cr.P.C. the petitioner, who is facing trial in Special Sessions Trial No. 133 of 2007, State vs. Manoj Kumar Gupta, under Section 135 of Electricity Act, pending before Sessions Judge, Udham Singh Nagar, has challenged the proceedings of the Criminal Case No. 2493 of 2007. Heard Sri S.K. Mandal, learned counsel for the petitioner, learned A.G.A. for respondent no. 1 and perused the record.

(2.) LEARNED counsel for the petitioner has invited my attention towards Annexure -5 to the petition which is a receipt showing that money amounting to Rs. 40,000/ - which was imposed against the petitioner as penalty has already been deposited by him on 17th September, 2007. Learned counsel for the respondents has further invited my attention towards Annexure -6 to the petition which shows that again on 19th November, 2007 commercial electricity connection of the petitioner has been regularized by the Department.

(3.) ON the basis of the aforesaid provision, learned counsel for the petitioner has raised the argument that now criminal proceedings against the petitioner amounts to abuse of process of court.