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2017 Supreme(Mad) 2527

P.N.PRAKASH
D. D. Dhorrairaaj – Appellant
Versus
State Rep. By Sub Inspector of Police, Dindigul – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C.S. Krishnamoorthy
For the Respondents: K. Anbarasan, Srimathy

JUDGMENT :

1. This petition has been filed to transfer C.C.No.373 of 2003 on the file of the Judicial Magistrate Court, Palani to the Principal District and Sessions Court, Dindigul (Special Court constituted under Section 153 of the Electricity Act 2003).

2. For deciding the legal issues raised in this case, it may be pertinent to narrate the facts of the case at hand.

[a] Dhorrairaaj, the petitioner herein, is the Managing Director of Sri Skandha Spinners Limited [hereinafter referred to as "the Unit"] at Thalayuthu in Palani Taluk. The Unit has been enjoying power supply since 24.09.1993 from the Tamil Nadu Electricity Board. On 13.09.2002, the Assistant Engineer of the Tamil Nadu Electricity Board and his team of officials inspected the Unit and found that the Unit was illegally tapping electricity directly from the main line. The officials prepared a spot panchanama in the presence of witnesses and on the report submitted by them, the Inspector of Police, Saminathapuram Police Station, registered a case in Cr.No.259 of 2002 on 14.09.2002 under Sections 39(1) and 44(1)(c) of





































































































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