LAXMANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision is directed against the Order dated 3-12-1981 made by the Judicial Magistrate First Class, Sabalgarh, rejecting the preliminary objection raised in this behalf by the petitioner-accused and framing charge against him in respect of the offences relating to the abstration and theft of electrical energy punishable under Section 39 of the Electricity Act, 1910, and Section 379 of the Indian Penal Code.

(2.) The facts, relevant for the disposal of this revision, in a nut-shell, are, that on 30-10-1980 Assistant Engineer, M.P. Electricity Board, Sabalgarh, detected that the petitioner having his field at village Bamsoli had unauthorisedly secured a connection directly from the electric line and was running a 5 H.P. motor in his field with the electrical energy so obtained. Accordingly, the Assistant Engineer seized the unauthorised connecting installation under a seizure memo and made a written report in respect of the matter to S.O.P.S. Rampurkala, whereupon the police completed the investigation in regard to the matter and put up the charge sheet against the petitioner, before the trial Court.

(3.) An objection was raised on behalf of the petitioner-accused before the trial Magistrate that the prosecution against him having not been instituted at the instance of the Government or an Electrical Inspector or of a person aggrieved, it was not maintainable, and as such, the petitioner was entitled to be discharged. As appears from the Order dated 3-12-1981, passed by the learned Magistrate, the cases State of M.P. v. Hiralal (Cri Appeal No.453/72, decided on 10-9-1976 reported at Note 249 of 1976 M.P. Weekly Notes, and Suleman v. State of M.P., 1980 Jab LJ 117 of this Court were cited on behalf of the defence, while the case Jhalkansingh v. State of M.P., 1981 Jab LJ 560 .... was cited on behalf of the prosecution. The learned Magistrate, relying on the later case, has overruled the objection raised on behalf of the petitioner accused and has proceeded to frame the charge against him in respect of the offences described in para 1 above.