RAMESH CHANDER Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order of Shri S.P. Garg, Metropolitan Magistrate, dated 4th May, 1995. By the impugned order the learned Metropolitan Magistrate framed charge against the petitioners under Sections 39/44 of the Indian Electricity Act (for short `the Act').

(2.) The case against the petitioners is that their factory premises were inspected by the Enforcement Staff of the DESU on 14th September, 1991, when it was discovered that the half seals of all the meters and both revit seals were tampered with. On 1st October, 1992, i.e., after 14 months an FIR was lodged which was registered under Section 39/44 of the Act read with Section 379 of the Indian Penal Code. A charge sheet was filed against the petitioners for the offences punishable under the aforesaid sections.

(3.) As stated above, the learned Metropolitan Magistrate on 4th May, 1995, framed charge against the petitioners under Sections 39/44 of the Act. The charge is to the following effect. : @SUBPARA = "That on 14.7.91 during inspection by DESU staff the half seals of all the meters in name of M/s Pooja Cables Industries in 735-A, Jheel Khurenja belonging to all of you were found tampered and thereby you committed offences punishable u/s 39/44 Indian Electricity Act and within my cognizance."