LAWS(BOM)-2009-1-25

MANADEO NARAYAN KURHODE Vs. STATE OF MAHARASHTRA

Decided On January 22, 2009
MANADEO NARAYAN KURHODE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The present application is filed for quashing and setting aside the F. I. R. , dated 27-5-1999 and the further investigation in Crime No. 62/1999 registered with Police Station Jamkhed, Dist. Ahamednagar against the applicants.

(2.) Background facts of the case are as under : it is the case of the applicants that applicants are the servants of maharashtra State Electricity Board. By a circular dated 11-5-1999, which was issued by the Chief Engineer (C), M. S. E. B. to all the stations of M. S. E. B. in maharashtra, it was directed to recover the arrears of the electricity charges from the defaulter consumers and directed all the officers to collect the arrears and in case, no arrears are paid, the electric connection of those consumers be discontinued.

(3.) It is further case of the applicants that on 25-5-1999 at about 8. 00 p. m. in the night, after the day's work completed, the applicants came back to the Sub-Station, Jamkhed. After coming to the sub station, applicant No. 7 along with staff members, went to the Control Room to ascertain the condition of electricity and to submit the report of the day. When the applicant No. 7 came out, two persons namely Rahul Madhukar Sadaphule and Sunil Madhukar Sadaphule and one unknown person obstructed the applicant No. 7 from boarding the vehicle and started questioning him about the electricity supply to their lands. Therefore, the applicant No. 7 informed those persons to pay the arrears of electricity charges and then only the electricity connection will be reserved/continued.