I M KHAN Vs. STATE OF MP

JUDGEMENT

(1.) THIS is a petition, under Section 482 of the Code of Criminal procedure (for short "the Code"), for quashing the prosecution for theft of electric energy. The corresponding trial is pending as Cr. Case no. 1550/06 in the Court of JMFC, Bhopal.

(2.) IN that case, vide order-dated 28. 04. 2006, charge of the offence punishable under Section 39 of the Indian Electricity Act, 1910 (for short "act of 1910") read with Section 379 of the IPC was framed against the petitioner. The charge was based on the material collected during investigation into an FIR lodged by Parasram Sahu, Assistant Engineer, mpseb at P. S. Nishadpura, Bhopal to this effect that on 08. 07. 2003 at about 03. 15 p. m. , at his residence situated in Gas Rahat Housing Board colony Karod, the petitioner was found abstracting electric energy by making an unauthorized connection with the LT Line.

(3.) SINCE the charge-sheet submitted on 15. 10. 2003 related to the offence punishable under Section 135 of the Electricity Act, 2003 (for short "act of 2003") read with 379 of the IPC in the Court of ACJM, bhopal, the case was committed to the Special Court (under the Act of 2003) for trial. However, the learned Special Judge, vide order dated 08. 08. 2005, observing that Act of 2003 was brought into force in the state of Madhya Pradesh w. e. f 10. 12. 2003 made over the case for trial to the CJM who, in turn, transferred the case to the JMFC, Bhopal for disposal according to law. At the pre-charge stage, the petitioner raised an objection against cognizance of the offence under Section 39 of Act of 1910 by inviting attention of the provision of Section 50 there of.