(1) THIS revisional application has been preferred by the petitioner assailing the order dated 19. 2. 05 passed by the learned Additional Sessions Judge-cum-Special Court Midnapore (West) under Indian Electricity Act (in short i. E. Act) in connection with I. E. Act Case No. 231/04 arising out of Daspur p. S. Case No. 127/96 for alleged offence punishable under Section 39 of the i. E. Act, 1910 read with Section 379 of the Indian Penal Code (in short i. P. C.) and praying for direction that the said case should be tried by competent Magistrate.

(2) MR. Arup Chatterjee, learned Advocate for the petitioner submitted that initially the case was started against this petitioner in the year 1996 under Section 39 of the then Indian Electricity Act, 1910 (since repealed)read with Section 379 of the I. P. C. arising out of Daspur P. S. Case No. 127 dated 24. 4. 96. In the said case one witness was examined before the new indian Electricity Act, 2003 came into force w. e. f. 15. 7. 02. According to section 154 of the new Act, the offences as mentioned in Sections 135 to 139 of the Act of 2003 are triable by the Special Court. Against the accused charge was framed under Section 39