SHOBA NATARAJAN Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THIS matter came to be posted on being specially ordered by the order of the Honourable Chief Justice dated 29.08.2009.

(2.) THIS writ petition is filed by the petitioner, who is having a service connection in a shop owned by her at Besant Nagar. In view of the alleged energy theft, a criminal case was filed against the petitioner, which is pending before the XI Metropolitan Magistrate at Saidapet, Chennai in C.C.No,7010 of 2003. The trial is yet to take place. In the mean while, the petitioner had filed an application for compounding the offence. There was some difficulty expressed and the matter is yet to be compounded.

(3.) THE matter of energy theft are specific offences under the old Act as well as 2003 Act. When the matter is pending before the competent trial court, this court is not inclined to give direction to the respondents by exercising power under Article 226 of the Constitution of India. When the issue is raised and not answered by the trial court or despite the issue being raised by the petitioner, but the learned Magistrate has certain doubts with respect to the legal provisions, Section 395 of the Criminal Procedure Code, 1973 provides for referring the matter to this Court for opinion by this Court.