High Court Dismisses Petition in Electricity Theft Case, Directs Special Court to Expedite Trial: No Irregularity in Procedure

In a significant ruling, the Madurai Bench of the Madras High Court, presided over by the Honorable Mr. Justice R. Sakthivel, dismissed a criminal original petition challenging the jurisdiction in an electricity theft case. The Court, in its judgment, directed the Special Court in Tuticorin to dispose of the matter expeditiously, setting a deadline of April 26, 2024.

The case, registered as Crl.O.P.(MD) No.22491 of 2018, involves the petitioner, Jeyaprakash, accused of stealing a substantial amount of electricity for his ice factory. The prosecution estimated the theft at 3,30,180 units of electricity, translating to a financial loss of Rs.33,84,345/- to TANGEDCO.

The petitioner sought to quash the proceedings under Section 482 of the Code of Criminal Procedure, citing jurisdictional errors and arguing the applicability of Section 126 over Section 135 of the Electricity Act, 2003. However, the court found substantial merit in the prosecution’s argument, underscoring the petitioner’s previous similar offenses.

In his observation, Justice R. Sakthivel stated, “This Court does not find any irregularity by the Special Court in taking cognizance in the aforementioned manner.” He emphasized that the Special Court’s decision to proceed under Section 135 of the Electricity Act was justified, considering the evidence and the nature of the offense.

The defense’s claim of impossibility to use an agricultural connection for industrial purposes was also addressed. The Court carefully considered the submissions from both sides, including the detailed investigation report and the testimonies recorded.

 Date of Decision: 18/01/2024

Jeyaprakash VS State rep by Inspector of Police