CH PRABHAKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Writ Petition, the applicability of Section 39 of Indian Electricity Act as amended by the Indian Electricity (Andhra Pradesh Amendment ) Act, 2000 is in question.

(2.) The petitioners who are running a flour mill in Secunderabad area had been facing criminal prosecution for alleged commission of offence of theft of electric energy punishable under Sections 39 and 44 of the Indian Electricity Act, 1910, (for short 'the Act') in pursuance of a complaint lodged by the Inspector of Police, Vigilance and A.P.T.S. Tech, A.P. TRANSCO, Hyderabad, on 24-6-1999. A charge-sheet had been filed under Sections 39 and 44 of the Act on 6-10-1999.

(3.) The III Metropolitan Magistrate, Hyderabad, took cognizance of the said case and trial of the case was proceeded with in terms of Criminal Procedure Code. The learned Magistrate examined P.Ws.1 to 4.