KONDAPATTI ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner/A.2 against the order dtd. 16/2/2018 passed by the learned Special Judge (Under the Electricity Act, 2003) at Puducherry, in Crl.M.P.No. 886 of 2016 in Spl.C.C.No. 2 of 2015

(2.) The second accused in Spl.C.C.No. 2 of 2015 is the petitioner in Crl.M.P.No. 886 of 2016 and he has filed the said petition under Sec. 239 of Cr.P.C., 1973 praying to discharge him from the charges levelled against him by the first respondent police in Crime No. 48 of 2012.

(3.) Learned counsel appearing for the revision petitioner submitted that the Assistant Engineer (O and M), Electricity Department, Yanam, has lodged a complaint with the first respondent police as against the petitioner herein/A.2 in Spl.C.C.No. 2 of 2015 and the other accused alleging that during the inspection of the company viz., Kanaga Durga Castings Pvt. Limited, Adavipolem, they found that the the company had committed theft of electricity by tampering the meter by making an additional wiring in the CT-PT unit of metering. It is further submitted that the petitioner namely, Kondapatti Anil Kumar/A.2 was Director of the above said Company in the year 2003 but he has rendered his resignation letter to the said company and the same was also accepted by the company on 6/12/2011 and at the time of the inspection, he was not the Director of the company and hence, the petitioner/A.2 has not participated in the activities of the company since 6/12/2011 while the FIR in the instant case was registered on 29/2/2012 and hence, he cannot be connected with the alleged crime and prayed to discharge him from the case.