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2004 Supreme(SC) 659

G. P. MATHUR
Transmission Corporation Of A. P. – Appellant
Versus
Ch. Prabhakar – Respondent


ORDER

G.P. Mathur, J.-This appeal by special leave has been preferred against the judgment and order dated 8.6.2001 of High Court of Andhra Pradesh by which the writ petition preferred by respondent Nos. 1 to 3 was allowed and it was directed that the criminal case pending against them shall not to be transferred to the Special Tribunal and their trial shall continue in the ordinary criminal courts.

2. A flour mill being run by the writ petitioners was inspected by the staff of the Electricity Department and some others on 24.6.1999 and it was discovered that theft of electrical energy was being committed. An FIR was lodged and after investigation charge-sheet under Section 39 and 44 of Indian Electricity Act, 1910 was submitted on 6.10.1999. The learned IIIrd Metropolitan Magistrate, Hyderabad took cognizance of the offence and proceeded with the trial of the writ petitioners wherein four prosecution witnesses were examined. During the pendency of the case the State of Andhra Pradesh introduced certain amendments to Indian Electricity Act, 1910 by Act No. 35 of 2000 which is known as Indian Electricity (Andhra Pradesh Amendment) Act, 2000 (hereinafter referred to as the Amending A



















































































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