(1) Cri. Application No. 3893 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3893 of 2011 Maharashtra State Electricity Distribution Company Ltd., Flying Squad Unit, Latur, Through its Deputy Executive Engineer, Shri Bapurao Ganpatrao Pawar, Age : 52 years, Occupation : Service, .. Applicant Presently working as Dy. Exe. Engineer, (Original South Sub-Division, Latur. complainant) versus 1. Sow. Vijaymala w/o. Suresh Sangvikar, Age : Major, Occupation : Business, R/o. Ahmedpur, District : Latur. 2. Shri Suresh s/o. Laxman Sangvikar, Age : Major, .. Respondents Occupation : Business, (Original accused R/o. Ahmedpur, District : Latur. nos.1 and 2) ....................... (2) Cri. Application No. 3893 of 2011 Mr. P.B. Paithankar, Advocate, for the applicant. Mr. V.D. Gunale, Advocate, for respondent nos.1 and 2. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 8TH DECEMBER 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. This is an application preferred by the applicant (original complainant) seeking leave to file appeal challenging the impugned order dated 8th July 2011, passed by the learned Additional Sessions Judge, Ahmedpur (District : Latur), in Special (Electricity) Case No. 1/2011, thereby dismissing the complaint filed by the complainant and acquitting the respondents i.e. original accused for the offence punishable under Section 135 of the Indian Electricity Act, 2003. 3. I have perused the impugned order dated 8th July 2011, and the record and proceedings with the assistance of the learned Counsel for the parties. (3) Cri. Application No. 3893 of 2011 4. Parties are hereinafter referred to as per their original status i.e. complainant and accused. 5. At the outset, it appears that due to the absence of the complainant and his Advocate, the complaint filed by the complainant came to be dismissed for want of prosecution, by the learned Additional Sessions Judge, Ahmedpur, by order dated 8th July 2011, and hence, apparently, it is technical dismissal, and therefore, leave to file appeal is required to be granted in the interest of justice. 6. Accordingly, present Criminal Application is allowed and leave to file appeal is granted. Present Criminal Application be treated as Criminal Appeal. Office to register and number the same as Criminal Appeal. 7. Admit. 8. Mr. V.D. Gunale, learned Counsel, waives service of notice for respondent nos.1 and 2, after admission. ( SHRIHARI P. DAVARE ) JUDGE bgp/3893ka