G ANJAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Cr. P.C. seeks quashing of the proceedings in C.C.No. 394/99 on the file of the III Metropolitan Magistrate, Hyderabad in which the petitioner is sought to be prosecuted for an offence under Sections 39 and 44 of the Indian Electricity Act 1910.

(2.) Heard Mr. K. Subbarao, learned counsel for the petitioner and the learned Public Prosecutor.

(3.) The contention of the learned counsel for the petitioner is that even according the version of the prosecution, as stated in the charge sheet, the inspection of the petitioner's meter was conducted on 14-7-1994 and it was during this inspection that the theft of electricity in respect of the electricity connection of the petitioner at his shop was detected and the charge sheet has been taken cognizance of by the learned III Metropolitan Magistrate, Hyderabad on 20-9-1999 which is beyond the period of limitation enacted in Section 468, Cr. P.C.