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2023 Supreme(Bom) 77

SUNIL B. SHUKRE, M. W. CHANDWANI
Harry Inder Dhaul – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.S. Dewani.
For the Respondents: S.S. Doifode, Darasing J. Sindhu.

JUDGMENT :

M.W. CHANDWANI, J.

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

3. These criminal writ petitions challenge the same order dated 23.08.2021 passed by Judicial Magistrate First Class (for short “the learned Magistrate”), Court No. 1, Nagpur directing to carry out investigation under section 156(3) of the Criminal Procedure Code, 1973 (for short “the Cr.P.C.”).

4. The petitioner in Criminal Writ Petition no. 900/2021 ex-managing director and the petitioners in Criminal Writ Petition No. 881/2021 and 901/2021 were ex-directors of ‘Global Energy Private Limited’ (for short “the company”), a company registered under the Companies Act, 1956. The company holds a trading licence issued by the Central Electricity Regulatory Commission (for short the “CERC”) under section 14 of the Electricity Act, 2003 (for short “the Act of 2003”). Respondent no. 2 is a generating company within the meaning of the section 2(28) of the Act of 2003 and operates a wind energy generating facility. On 20.09.2010, the company entered into an agreement with respondent no. 2 for sale and purchase of wind energy for a period of ten years. D

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