VIJAY BHAGWAN SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The submissions of the learned counsel for the parties were heard on 27th August 2008 and the Judgment was reserved. With a view to appreciate the submissions made by the learned counsel appearing for the parties, it will be necessary to refer to the facts of the case in brief.

(2.) One Mr. Dharmaraj Pandharinath Pethkar, Deputy Executive Engineer of flying Squad of the Maharashtra State Electricity Board lodged F. I. R on 5th september 2003 with Bhor Police Station alleging commission of offence under sections 135 and 138 of the Electricity Act, 2003 (hereinafter referred to as the said act), The allegation made in the F. I. R was as regards theft of electricity. On completion of the investigation, on 29th September 2003, the concerned police officer filed a charge-sheet under section 173 of the Code of Criminal Procedure, 1973. Cognizance was taken by the learned Judicial Magistrate First Class on the basis of the said report. On 22nd February 2006, the learned Magistrate committed the case to the court of Sessions. An application for discharge was filed by the petitioner before the Sessions Court which has been dismissed by the order dated 28th July 2006 by the Sessions Court. By this petition under Article 227 of the constitution of India read with section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed for quashing the proceedings of the case.

(3.) I have carefully considered the submissions. Section 151 of the said Act before the Maharashtra Amendment was as under :