The accused in C.C. No. 173 of 1986 on the file of the Sub-Divisional Judicial Magistrate, Dindigul, has filed this application under S. 482 Cr.P.C. to quash the said proceedings against him.

2. The said petition came to be filed in the following circumstances. The Assistant Divisional Engineer T. N. E. B. Palani, gave a complaint on 27-8-1984 alleging that during the inspection of S.C. 160 Neikkarapatti distribution, belonging to the petitioner, he noticed M.R.T. seals provided in three phase meter in the service missing and that the petitioner has committed theft of electricity by opening the cover of the meter and reduced the recorded units thereunder. On the basis of the said complaint a case was registered against the petitioner in Cr. No. 435 of 1984 Palani Taluk, Police station, under S. 397 I.P.C. read with Sections 39 and 44(c) of the Indian Electricity Act. The said complaint was investigated by one Muthuswami, Sub-Inspector, and he examined as many as ten witnesses and after obtaining opinion of the Assistant Public Prosecutors (Grade I and Grade II) sent the final report dt. 7-5-1985 under S. 173 Cr.P.C. to the Court, to the effect that no case was made out a