RAUFSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) MOHAN Shantanagoudar, J : This petition is filed under Section 482 of Code of Criminal Procedure praying for quashing the proceedings in Crime No.61 / 2004 (Spl.C.C.No.50/2008), pending on the file of Addl. Sessions Court, Bidar.

(2.) THE case of the prosecution in brief is that: the checking staff of KPTCL, Bidar, visited the premises of the petitioner and found that the petitioner had committed theft of electricity by-passing the meter. THE inspection was conducted on 18.3.2004. Based on the inspection report, complaint is lodged before GESCOM Police Station, Bidar, alleging offences punishable under Sections 39 and 44 of the Indian Electricity Act, 1910. It is alleged that the petitioner has committed theft of electricity worth Rs. 18,564/-. Based on the complaint, Crime No.61/2004 is registered in the said police station. After completion of investigation, charge-sheet is filed for the aforesaid offences. It is also alleged that petitioner is due a sum of Rs. 18,564/- towards back billing charges and Rs.6,000/- towards compounding fees. Now the matter is pending trial in Special CC.No.50/ 2008 before Addl. Sessions Court, Bidar.

(3.) THE aforementioned dates as pointed out by the Counsel for the petitioner are borne out from the records. Hence there is no dispute with regard to the dates. THE vigilance squad of GESCOM, Bidar, conducted the inspection on 18-3-2004. First information report is lodged pursuant to the inspection report on 19-3-2004 and the same is registered in Cr.No.61/2004. It is not in dispute that the investigation report is filed by the police on 16-5-2008 i.e., after about four years and two months from the date of cause of action. It is also not in dispute that the offences alleged are punishable with sentence of imprisonment upto three years. Section 468(2) of Code of Criminal Procedure prescribes the limitation of three years for taking cognizance in such matters.