PUBLIC PROSECUTOR Vs. ABDUL WAHAB

JUDGEMENT

(1.) THIS reference, which has been made by Kailasam J: arises out of an appeal filed by the Public Prosecutor against an order passed by the Sub-Magistrate, papanasam, acquitting respondents 1 to 6 herein of certain offences connected with and relating to an alleged improper abstraction and use of electrical energy. The question that falls to tie decided on this reference can he formulated thus:

(2.) THE learned Sub Magistrate acquitted the respondents. The State has filed this appeal against the order of acquittal.

(3.) IN the appeal, a preliminary question, one that has given occasion to this reference, arose as to the maintainability of the prosecution commenced, as it had been done by the police, the contention on behalf of the respondents being that by reason of Section 50 of the Act, a prosecution for offences against the enactment could be laid only at the instance of the Government, or an electrical inspector, or of a person aggrieved by such offence. Kailasam J was not inclined to accept that contention in regard to the first head of the charges, as in the learned Judge's opinion, the offence was one under the Indian Penal Coda, and not under the indian Electricity Act. But a different view had been axpressed by Sadasivam J. in in re P. N. Venkatarama Naicker, AIR 1962 Mad 497. The learned Judge, has therefore, referred this matter for decision by a Bench. Subsequently, the Bench before which the matter came up for hearing, has referred this to the Full Bench.