1. Petitioners, who are accused Nos.1 and 2 in Crime No.201/2003 of Mundakkayam Police Station and subsequently taken on file as C.C.No.687/2004 before the J.F.C.M, Kanjirappally and now pending before the Additional Sessions Court (Special), Kottayam as S.C.No.284/2008 for offences punishable under S.39 of the Indian Electricity Act, 1910 seeks to quash the entire proceedings against the petitioners.

2. The case of the prosecution is that the petitioners were found illegally abstracting electricity to the shed belonging to the 1st petitioner on 18.6.2003 by tapping from the electric post and thereby committed the aforesaid offence. The above crime was registered on the basis of a complaint filed by the Assistant Executive Engineer, Major Section, KSEB, Mundakkayam. Subsequently cognizance was taken by the Magistrate on the strength of the final report filed by the Police.

3. Apart from the fact that cognizance could not have been taken on a police report, invocation of S.39 of the Indian Electricity Act, 1910 was also misconceived. The occurrence took place on 18.06.2003. Indian Electricity Act, 1910 was repealed by Electricity Act, 2003 which came into force on 10.6.200