PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this misc. petition under Section 482 Cr.P.C. for quashing of proceeding in Criminal Case No.02 of 2014 (31 of 2011) State v. Bhanwar Lal, last order dated 20.05.2011 pending trial in learned Additional Session Judge No.1, Nagour for the offence under Sections 379, 411 I.P.C. and section 135, 136 Indian Electricity Act, 2003.
(2.) The facts as noticed by this Court are that the Vigilance Team inspected the tube well of the petitioner in village Thambadiya, whereby the petitioner was standing and it was found that the some electricity polls, cross arms, pin insulator, disk and wire were found in the custody of the petitioner and FIR was registered against the petitioner. The trial proceeded against the petitioner after filing the charge-sheet and during trial on 29.03.2007, the Assistant Engineer of AVVNL, Khinvsar compounded the case of the petitioner by depositing Rs.60,000/- in Electricity Department by receipt No.029312/62 dated 29.03.2007. During trial the fact of the compounding amount been paid in this case was confirmed by the prosecution witness no.7 Mr. Manoj, who was a concerned Junior Engineer of AVVNL, Khinvsar. In the statement of Shri Manoj, Junior Engineer of AVVNL, Khinvsar, PWD No.7, it was clearly stated that by receipt No.029312/62 an amount of Rs.60,000/- was paid as a compounding fee in the present matter.
(3.) Learned Public Prosecutor was not in a position to refute the facts stated in the petition and narrated by counsel for the petitioner. The name of the present petitioner also was referred in the statements recorded by the concerned IMO.;