K RAMASUBBU Vs. STATE

JUDGEMENT

(1.) The accused in C.C. No.173 of 1986 on the file of the Sub-Divisional Judicial Magistrate, Dindigul, has filed this application, under S.482 Cr. P.C. to quash the said proceedings against him.

(2.) The said petition came to be filed in the following circumstances. The Assistant Divisional Engineer T.N.E.B. Palani, gave a complaint on 27-8-1984 alleging that during the inspection of S.C. 160 Neikkarapatti distribution, belonging to the petitioner, he noticed M.R.T. seals provided in three phase meter in the service missing and that the petitioner has committed theft of electricity by opening the cover of the meter and reduced the recorded units thereunder. On the basis of the said complaint a case was registered against the petitioner in Cr.No.435 of 1984 Palani Taluk, Police station, under S. 397 I.P.C. read with Ss.39 and 44(c) of the Indian Electricity Act. The said complaint was investigated by one Muthuswami, Sub Inspector, and he examined as many as ten witnesses and after obtaining opinion of the Assistant Public Prosecutors (Grade I and Grade II) sent the final report dt. 7-5-1985 under S. 173 Cr. P.C. to the Court, to the effect that no case was made out against the petitioner, and the case was referred as 'mistake of fact' Refer notice under S. 169, Cr P.C. was also served on the petitioner on 18-5-1985 and his acknowledgment was obtained. The Sub-Divisional Magistrate, Dindigul also on receipt of the final report and after perusing the connected records accepted the final report sent by the said Muthuswami and passed an order on 12-6-1985 as follows Recorded as "mistake of fact". The referred charge-sheet has been numbered as 104 of 1985.

(3.) The Inspector of Police, Palani, as per the directions of the Superintendent of Police, Madurai, and on the advice of the Public Prosecutor, Madurai Dt. reopened the investigation on 27-9-1985 and filed charge-sheet under Ss. 39 and 44(c) of the Indian Electricity Act read with S. 379, I.P.C. in the same crime number, on 22-1-1986. When the charge-sheet was returned by the Magistrate on 14-2-1986, whether permission has been obtained to reopen, the respondent resubmitted the same on 15-2-1986 stating the circumstances under which it was reopened and seeking permission to investigate the same. The Magistrate passed an order on 19-2-1986 to the effect that permission is granted to investigate the case. He took cognisance of the case and numbered the same as C.C. 173 of 1986 and issued summons to the accused. On receipt of the said summons the accused has filed this application.