K NAVARATHANA GANESH Vs. STATE

JUDGEMENT

(1.) THE petitioner who is the second accused in C.C. No,6476/2003 on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai-15, has filed the above petition seeking to quash all further proceedings therein.

(2.) THE brief facts of the case of the petitioner are as follows:On 10.01.2003 at 19-15 hours, the officials of the Electricity Board inspected the service connection No,217:08:635:TF:V in Door No.159, Thiruvalluvar Salai, Tiruvanmiyur, Chennai-41 which stands in the name of the petitioner herein and it was found that there as theft of energy by tampering the MRC seal provided in the meter. A show cause notice dated 22.01.2003 was issued by the Assistant Executive Engineer for the recovery of the loss and also extra levy in accordance with the terms and conditions of supply of electricity. Finally for the alleged offence, a Complaint under Sections 39(1) and 44(1)(c) of the Indian Electricity Act, 1910 was made in Cr. No,50 of 2003 of Thiruvanmiyur Police Station and after completing investigation, the first respondent had filed a final report and the same was taken on file by the learned Magistrate.

(3.) I have considered the said submission and perused the materials available on record.