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VENKATA JYOTHIRMAI PRATAPA
Baru Mallikarjuna – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. The instant petition under Sec. 482 of Code of Criminal Procedure, 1973(for short 'Cr.P.C') has been filed by the petitioner/accused, seeking quashment of proceedings against him in C.C.No.9 of 2018 on the file of the Court of I Additional District and Sessions Judge, Nellore, for the offence punishable under Sec. 135(1)(a)(b) of Electricity Act, 2003(for short 'the Act').
2. Factual Background
a) On 16/12/2018 L.W.1-A.Srikanth, the-then Assistant Engineer, DPE-II, APSPDCL, Nellore Circle inspected the house of the Accused and found out that he was using single phase supply dishonestly and income supply barrel wires had been tapped before the meter with the help of 10 meters length PVC brown coloured Aluminum wires and were connected to separate switch board and thereby indulged in theft of energy dishonestly to his house, due to which APSPDCL sustained loss to the tune of Rs.16, 022.00.
b) Based on the complaint lodged by L.W.1, a case in Crime No.4422 of 2017 for the offence under Sec. 135 (1) (a) (b) of Electricity Act, 2003 before Vigilance and APTS Police Station, APSPDCL, Nellore, was registered. After completion of investigation, charge sheet was filed, which culm
The court's inherent jurisdiction under Sec. 482 Cr.P.C. must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurispr....
The court may quash proceedings when the chances of conviction are bleak and no useful purpose is likely to be served by allowing a criminal prosecution to continue.
The main legal point established in the judgment is the importance of a speedy trial as a fundamental right under Article 21 of the Constitution of India, and the application of limitation periods fo....
The court can quash criminal proceedings if they are found to be an abuse of the process of law, and the material produced by the accused rules out the allegations in the charges.
The main legal point established is the inherent power of the High Court to quash criminal proceedings in non-compoundable cases based on settlement, especially in cases of predominantly civil charac....
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