HASTIMAL CHAPLOT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this criminal revision petition 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 I.P.C.

(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.) AS per learned counsel for the respondent there is material available on record, upon which, charges have been framed and pendency of other writ petitions and he fact that Rs. 2,50,000/- have been deposited by he petitioner does not help him to get the order of charge quashed in this revision petition. Therefore, it is submitted that this revision petition may be dismissed.