K PENTAIAH Vs. STATE OF ANDHRA PRADESH REP

JUDGEMENT

(1.) The only point canvassed by the learned counsel for the petitioner Mr. P. Vidya Sagar is as to whether the prosecution launched against the petitioners is maintainable in view of the provisions of Section 468 Cr.P.C. The facts which are germane for disposal of this case are that on 6-8-1990, the Inspector of Police, Anti Power Theft Squad, Central Zone, Vijayawada, along with others visited the Electricity Service Connection taken by the petitioner herein to his bore well which is installed with 5 H.P. motor and found that the petitioner was pilfering electric energy by directly tapping the L.T. overhead line from the poll existing by the side of his bore well and utilizing the supply for drawing water from the well for cultivation purpose. He registered a case in Crime No.13 of 1990 and after investigation; the charge sheet was filed against the petitioners on 3-11-1993, and congnizance was taken by the learned Magistrate on the same day i.e., on 3-11-1993.

(2.) From the above averments in the charge sheet, it is clear that the offence had taken place on 6-8-1990 and the cognizance thereof was taken on 3-11-1993. Now it is necessary to extract the provisions of Section 39 of the Indian Electricity Act, which reads as under:

(3.) The maximum punishment that can be imposed by the courts in regard to such offences is only 3 years and according to the provisions of Section 468 Cr.P.C., the period of limitation for taking cognizance is only three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.