THOMASKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is filed under Ss. 397 and 401 of the Criminal Procedure Code seeking to set aside the order passed by the learned Judicial First Class Magistrate, Ranny in C.M.P.No.4685/2005 in C.C.No.588/2003 and to drop the proceedings against the revision petitioner in C.C.No.588/2003.

(2.) The revision petitioner is the accused in C.C.No.588/2003 before the trial court. The allegation against him is that he had committed theft of energy from the service connection obtained for an Industry under the name and style M/S Modern Rock Mining by tampering with the electricity meter during the period from 11/8/1999 to 16/10/1999. An FIR was registered as Crime No.292/1999 at the Ranny Police Station on 18/10/1999 under Sec. 39 of the Indian Electricity Act, 1910 (hereinafter referred to as 'the Act').

(3.) Sec. 39 of the Act reads as follows:-