Criminal Application challenging FIR under sections 135 and 138 of Indian Electricity Act. Applicant prayed for quashment citing compounding under section 152(2) of the Act.
Directed the applicant to approach the trial court with application for compounding of the offence.
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VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 1004 OF 2008
Somnath P. HarjaiApplicant
Vs.
State of Maharashtra & Anr.Respondents
Mr. A. S. Kode i/b Ajay Misar & Co. for the
Applicant.
Mr. A. S. Gadkari, APP for the Respondent No.1.
Mr. A. B. Kethar i/b M. V. Kini & Co. for the
Respondent No.2.
CORAM : BILAL NAZKI, &
A. A. KUMBHAKONI, J.
DATE : AUGUST 4, 2008.
PC :-
1.This petition challenges the FIR registered
vide C. R. No. 701 of 2007 under section 135 & 138 of
Indian Electricity Act, with N. M. Joshi Marg, Police
Station, Thane, which has already been culminated in
filing of the charge-sheet.
2The grievance of the petitioner that although
the offence was compounded by him under section 152(2)
of the Indian Electricity Act, 2003 with the
complainant, still proceeding is going on. It appears
that the offence allegedly committed by the applicant
- 2 -
is compoundable and counsel for the respondent No.2
also agrees that the offence has been compounded.
Therefore, we direct the applicant to approach the
trial court with an application for compounding the
offence.
2.In view of aforesaid directions, the petition
is disposed of.
Sd/-
[ A. A. KUMBHAKONI, J.]
1 issue framed by the court
Whether FIR registered under compounding offence should proceed to trial.
2 provisions across 1 enactments
Somnath P. Harjai
State of Maharashtra
Bilal Nazki
A. A. Kumbhaker
As recorded by the court registry
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