1 Cri. W.P. No.316 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Writ Petition No.316 Of 2011 The Maharashtra State Electricity Distribution Company Limited, Head Office, Prakashgarh, Bandra (E), Mumbai. ... Petitioner. Versus Junior Technician-cum-Technician The Maharashtra State Electricity Distribution Company Ltd. Mouje Mahasangvi Distribution Line Office, Patoda, Taluka Patoda, District Beed And Others. ... Respondents. -------- Shri. Pradeep Deshmukh, Advocate, holding for Shri. V.R. Dhorde, Advocate, for the petitioners. Shri. A.N. Nagargoje, Advocate, for respondent No.5. Shri. P.P. More, Additional Public Prosecutor, for respondent Nos.6 and 7. -------- CORAM: K.U. CHANDIWAL, J. DATE: 28th JUNE 2011 ORAL ORDER: 1) Heard learned counsel for the petitioners and counsel for the respondent No.5. 2 Cri. W.P. No.316 of 2011 2) The respondent No.5 felt that due to action on the part of the authorities of the petitioner - electricity distribution company, the agricultural produce in the land of the complainant - respondent No.5 suffered loss which he has estimated to the tune of Rs.6,00,000/-. The complainant approached the police on 6-2-2011. As police did not take cognizance, the present complaint before the learned Judicial Magistrate under sections 435, 427 read with section 34 of the Indian Penal Code. The learned Judicial Magistrate exercised his powers under section 156(3) and passed the order dated 5-3-2011. 3) Taking survey of the facts, even if taken together, would not make out any case under sections 435, 437 of the Indian Penal Code against the petitioner - Company or the Managing Director who sits in Mumbai. 4) Consequently, the prosecution to the extent of the petitioner is quashed and set aide. The observations are prima facie in nature to be restricted to the extent of the petitioner - company. Petition disposed of. Sd/- (K.U. CHANDIWAL, J.) rsl