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GOPAL KRISHNA VYAS
Hastimal Chaplot – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. S.P. Sharma, Advocate.
For the Respondents:Mr. Ravi Bhansali, Advocate.

ORDER

Gopal Krishna Vyas, J.—In this criminal revision filed by the petitioner, the petitioner has prayed for quashing order dated 2.2.2007 passed by Chief Judicial Magistrate, Rajsamand for framing charge against the petitioner for offence under Section 39, Indian Electricity Act read with Section 379, IPC.

2. Learned counsel for the petitioner submits that order of framing charge is illegal because there is no material evidence for which charge can be framed. Further, it is pointed out that with regard to using electricity litigation is going on in various writ petitions and when there is provision that the matter can be compounded and petitioner deposited Rs. 2,50,000, then, there is no question of prosecuting the petitioner in this case, therefore, this revision petition may be allowed and order impugned dated 2.2.2007 may be quashed and set aside.

3. Learned counsel appearing on behalf of the Ajmer Vidyut Vitaran Ltd, Kankroli submits that before filing this revision petition against cognizance order the petitioner preferred a miscellaneous petition before this Court and said petition was registered as SB Criminal Misc. Petition No. 1391/2005, in which, order of cognizance p

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