LAXMAN Vs. STATE

JUDGEMENT

(1.) This petition under Section 482, Cr.P.C. filed by Laxman and others seek the setting aside of order dated 3rd March, 1992 of a Metropolitan Magistrate convicting them on their pleading guilty under Section 379, Indian Penal Code read with Section 39 Electricity Act and releasing after admonition under Section 4 of Probation of Offenders Act.

(2.) Case of the prosecution, in brief, was that on 9th May, 1988, the petitioners were found committing theft of electricity by connecting wires to their houses with the open wires of DESU. Charge under Section 379 read with Section 39 of the Electricity Act was thus framed against them on 8th October, 1991 and on their pleading not guilty the case was fixed for recording prosecution evidence on 3rd February, 1992. As no Public Witness . was present on that date the case was adjourned to 2nd March, 1992 which happened to be a holiday. Petitioners appeared on 3rd March, 1992 and on that date the impugned order came to be passed. It is alleged that once the petitioners refused to plead guilty to the charge framed against them, the Metropolitan Magistrate could not have accepted the plea of guilt subsequently made by them without recording any evidence and the impugned order is, therefore, bad in the eye of law.

(3.) I have heard Mr. K.K. Sud for the petitioners and Mr. Akshay Bipin for the State.