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2006 Supreme(Ker) 737

K.BALAKRISHNAN NAIR
Paramasivam – Appellant
Versus
Union of India – Respondent


Judgment :-

K. Balakrishhan Nair, J.

W.P.(C) No.22972/2006:

The main point that arises for decision in this Writ Petition is concerning the validity of Rr.11 and 12 of the Electricity Rules, 2005. The Writ Petitioner also challenges the proceedings in C.C.No.183/2005 against him on the files of the Judicial First Class Magistrate's Court I, Palakkad.

2. The brief facts of the case are the following: The petitioner is the Managing Director of a private limited company, which is a consumer of High Tension electricity. He is the accused in C.C.No.183/2005 on the files of the Judicial First Class Magistrate's Court I, Palakkad. The allegation against the petitioner is that he has committed the offences punishable under Ss.135, 138 and 139 of the Electricity Act, 2003. A crime was registered against him, on the basis of a petition filed by the 3rd respondent Assistant Executive Engineer before the Sub Inspector of Police, Walayar Police Station, on 22.12.2004. The police completed the investigation of the crime and tiled Ext.P1 final report under S.173 of the Criminal Procedure Code, on 31.1.2005. On summons, the petitioner appeared before the learned Magistrate. He raised an objection bef































































































































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