SHAKAMBARI INDUSTRIES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application under section 482 of the code of Criminal Procedure read with Articles 226 and 227 of the Constitution of India the applicants seek to quash FIR in Crime No. 3108/2003 registered at police Station Old City, Akola.

(2.) Applicant No. 1 is a partnership firm which is running an industry at ridhora road, Akola. Applicant No. 2 is the partner of the said firm. It is alleged that on 2-8-2003 Shri Istape, Assistant Engineer, M. S. E. B. visited the industry. He found that the seals of the electric meter were broken and the meter was tampered with. Shri Istape prepared panchanama of the condition of the meter and seal in presence of two panchas. Thereafter on the same day he lodged report at Police Station Old City Akola, on the basis of which Crime No. 3108/2003 under section 135 of the Electricity Act, 2003 was registered against the applicants. It appears that charge-sheet is yet to be filed.

(3.) I have heard Shri G. B. Lohiya, Advocate for the applicants and Shri a. S. Fulzele, APP for respondent No. 1. None appears for respondent No. 2 though served.