STATE OF M.P. Vs. TUNDA

JUDGEMENT

(1.) THIS appeal has been preferred by the State against the order of acquittal of the respondent for the offence under section 39 of Indian Electricity Act and section 379 I.P.C.

(2.) ACCORDING to the prosecution, on 13.12.81, a written report was lodged by the Assistant Engineer of Shivpuri of M.P.E.B. with police that on a surprise checking, the appellant was found running the thresher by taking the electricity connection directly from the electricity poll. On his report, the police had registered the offence and had challenged the respondent after the due investigation.

(3.) CHALLENGING the impugned order of acquittal, it is very strenuously contended by the Panel Lawyer, Shri P.D. Agrawal that although under the first -limb of the section, PW 2 Kaptan Singh, being, Assistant Engineer was not the person provided to institute the prosecution, as he was not the Electric Inspector, yet under the second limb of section 50 of the Act, he was certainly the person aggrieved, being the responsible officer of the Electricity Board and could, therefore, validly lodge the report and set the law in motion.