Mohafiz Alamgir Shaikh v. The State Of Maharashtra And ANR.

29-cri-apl-1499-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1499 OF 2019 Mohafiz A. Shaikh ... Applicant V/s.

The State of Maharashtra and anr.

... Respondents ---------------- Mr. M.K. Kocharekar i/b Mr. O.G. Nagwekar for the Applicant. Dr. F.R. Shaikh, APP for the Respondent - State. Mr. S.V. Marwadi for Respondent No.2.

----------------

CORAM

:

B.P. DHARMADHIKARI & N.R. BORKAR, JJ.

DATE :

JANUARY 27, 2020.

P.C.

1] Heard. Perusal of complaint and statement in support thereof dated 15th April 2019 shows that it is for theft of electricity between 7th September 2018 and 7th March 2019 worth Rs.1,30,022.85.

2] Submission of the applicant is that this ofence is already compounded.

3] Warning dated 10th January 2019 issued by API, Nizampura Police Station, Bhiwandi speaks of crime registered vide Crime No. 687 of 2018. It is for a period from 6th Dinesh Sherla 1/2

29-cri-apl-1499-19.doc December 2017 to 6th June 2018.

4] Thus, there is no compounding of theft of electricity for period 7th September 2018 to 7th March 2019 for which FIR No.449 of 2019 had been registered on 15th April 2019. 5] We therefore, find grievance misconceived. Accordingly, the petition is rejected.

(N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) Dinesh Sherla 2/2