- (1.) This appeal by special leave is directed against the judgment and order dated 16.4.2010 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 528 of 2010, whereby the High Court dismissed the appeal filed by the State-appellant herein and upheld the order passed by the Special Court acquitting the accused-respondents herein of the charges levelled against them under sections 135 and 138 of the Indian Electricity Act, 2003.
(2.) We have heard learned counsel appearing on behalf of the appellant-State as well as learned senior counsel appearing on behalf of the respondents and perused the records.
(3.) The main contention of the respondents is that the entire criminal proceedings initiated against them vitiate the case as there are material irregularities on the part of authorities. Most important irregularity is that when the alleged offence took place on 10.6.2003, the Inspector of Police, Vigilance Cell, A.P. Theft Squad was not the one of those officers empowered to investigate and levy charges under Section 151 of the Act, as it stood then.;