MAKRAND BALKRISHNA PATWARDHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. By consent, heard finally.

(2.) The petitioner, pursuant to a complaint dated 20/10/2001 preferred for and on behalf of respondent No.2 in the matter of theft of electrical energy, suffered prosecution under the provisions Section 39, 44 and 50 of the Indian Electricity Act, 1910 and amended in 1986 (for short "said Act"). Pursuant to the said complaint, charge was framed against the petitioner for an offence punishable under Section 39 of the said Act on 04/09/2008 by Judicial Magistrate, First Class, Dhule in Regular Criminal Case No. 624 of 2001.

(3.) Having regard to the policy of the Maharashtra State Electricity Distribution Company Limited (for short, "Distribution Company") particularly as reflected in Commercial Circular No. 86 dated 25/07/2008, the petitioner approached the Superintending Engineer of the Distribution Company for compounding of offence.