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2018 Supreme(Bom) 189

S.S.SHINDE, A.M.DHAVALE
Syed Yaqoob Syed Masood – Appellant
Versus
State of Maharashtra Through P. I. – Respondent


Advocates Appeared:
For the Petitioner:Moinuddin Shaikh, S.S. Kazi, Advocates.
For the Respondents: B.E. Yawalkar, APP.

JUDGMENT :

A.M. Dhavale, J.

1. The interesting question raised in this application u/s 482 Cr.P.C. is, whether the prosecution of the accused for offences under IPC can be continued when the same acts had resulted into offence u/s 135 of Electricity Act and same has been compounded. The petitioner seeks quashing of FIR at C.R. No. 0273/2017, registered at City Chowk Police Station, Aurangabad, for offences under Sections 420, 468, 471 r/w 34 IPC and u/s 135 of Indian Electricity Act, 2003.

2. The basic facts essential to decide this application may be stated as follows :

On 21.07.2017 at 23:11 hrs., the impugned FIR was lodged by Sachin Santosh Lalsare against the present applicant Syed Yakub. The informant is Assistant Engineer in MSEDCL, Harsul Branch, Aurangabad. It was part of duty inter alia to keep watch on theft of electricity. On that day, he at 2:30 p.m. inspected electric meter from the house of the applicant and noticed that one aluminum wire was connected to the electric supply wire to bypass the meter and receive the electric supply without recording meter readings of the same. He seized the meter, conducted seizure panchanama and alleged in the FIR that the applicant had









































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