Ravi Ramesh Yadav And ORS v. The State Of Maharashtra And ANR

2023:BHC-AS:24604-DB ssm 31-wp2881.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2881 OF 2023 Ravi Ramesh Yadav & Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Aditya Raktade for the Petitioners.

Mrs. Sangeeta Shinde APP, for the Respondent-State. CORAM : A. S. GADKARI AND SHARMILA U. DESHMUKH, JJ.

DATE : 23rd AUGUST, 2023.

P.C.:- 1) Offence under Section 135 of the Electricity Act is compoundable subject to compliance of certain provisions as engrafted in the Electricity Act, 2003. Petitioners therefore are having substantive alternate remedy under the Electricity Act.

2) Even otherwise, perusal of first information report prima facie indicates that, the offence alleged against the Petitioners i.e. theft of electricity of Rs.17,80,430/- is serious in nature. 3) In view thereof, we are not inclined to exercise our extraordinary jurisdiction in favour of the Petitioners. 4) Petition is accordingly dismissed.

(SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.) 1/1