SAIFEE GOLDEN JUBILEE ROLLING MILLS Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed under Section 482 , Crl. P.C., to quash the proceedings in CC. No. 543 of 1984 on the file of the Sub Divisional Judicial Magistrate, Ponneri so far as the Petitioners/accused 1 to 3 and 5 to 7 are concerned.

(2.) THE Respondent -Inspector of Police, Madhavaram Police Station, has filed a charge sheet against eight accused for offences under Ss. 39 and 44(c) of the Indian Electricity Act read with S. 484, I.P.C. There is a steel rolling industry at door No. 60 G.N.T. Road, Madhavaram. This factory belonged to the first accused, M/s. Saifee Golden Jubilee Rolling Mills, of which the accused 2 and 3 are directors. On 1.4.1983 the first accused transferred the factory to the fourth accused M/s. Usha Steel Industries, a partnership concern of which the accused 5 to 7 are partners. On 14.8.1983 the Electricity Inspector visited the premises and found out theft of electric energy and tampering with the meter. On the basis of the complaint given by him this prosecution has been launched against the first accused -company and its directors accused 2 and 3 against the fourth accused -firm and its partners accused 4 to 6 for offences under Ss. 39 and 44(c) of the Indian Electricity Act read with Section 484, I.P.C. It is to quash these proceedings the accused 1 to 3 and 5 to 7 have filed this petition.

(3.) THE next contention is that the accused 2 and 3, who are directors of the first accused -Company, are not liable for, there are no allegations that they had anything to do with the actual management of the affairs of the first accused -company. The records of investigation do not disclose that the accused 2 and 3 are, or have been participating in the day to day affairs of the company and the mere fact that they are directors is not enough to mulct them with this criminal liability. The prosecution cannot, therefore, stand against the accused 2 and 3.