YAMIN, J. - (1.) THIS is a revision petition filed against the order of learned Addl. Chief Judicial Magistrate No. 3, Udaipur by which he took cognizance against the petitioner for offence under Sec. 39 of the Indian Electricity Act, 1910 on a final report submitted by the police.
(2.) I have heard the learned councel for the petitioner as well as learned P. P. for the State and perused the record of the case. On 26. 11. 1997 checking of the premises of the petitioner was made by the officers of the Electricity Board and it was found that seal of the meter box was tampered with. It was also found that one screw of the main cover of the meter through which the wire of the body seal passes was cut. The cover of the meter was tightened by a wire with the lower part of the body. So the cover was opened and the meter was tampered with. Report was lodged with the police and a case u/sec. 39 of the Indian Electricity Act was registered. Police submitted final report but the learned Magistrate as stated above took cognizance against the petitioner. Learned counsel for the petitioner submitted that offence under Sec. 39 of the Indian Electricity Act was not made out as there was no allegation that theft of electricity was committed. According to him the checking memo mentions details and that terminal seal was found OK, and the meter was roating. According to him, F. I. R. was lodged against the petitioner because of enimity as a complaint was lodged against the officials of the Electricity Board by Kamal Kishore, Surya kant and Darshan Nath. He further submitted that no offence under Sec. 39 of the Indian Electricity Act, 1910 was made out against the petitioner. Hence he has submitted that the order taking cognizance may be quashed. On the other hand learned P. P. has supported the order of the learned Magistrate. Sections 39 of the Indian Electricity Act states that whosoever dishonestly abstracts, consumes or uses any energy shall be punishable with imprisonment for a term which may extend to three years or with fine which shall be not less than five hundred rupees but which may extend to Rs. five thousand, or with both; and if it is proved that any artificial means or mean not authorised by the licence exist for the abstraction, consumption or use of the energy by the consumer, it shall be presumed, until the contrary is proved that such abstraction, consumption or use of energy has been dishonestly caused by such consumer. From the statements of witnesses recorded during the investigation and the recovery memo of the matter it is found that meter was tampered with. It may be stated that it is all a meter of evidence to be led before the learned Magistrate whether electricity was abstructed or not. Besides, when the meter is interferred, such interference is punishable under Sec. 44 of the Indian Electricity Act.
(3.) TO say that no offence is committed by the accused petitioner and hence the order of taking cognizance may be quashed is not a tenable argument. TO say that the order may be set aside in revisional jurisdictional is not acceptable in the facts and circumstances of this case. Learned Magistrate after applying his mind has taken cognizance on the final report and I am not inclined to interfer with the order of the learned Magistrate in revisional jurisdiction. Consequently, this revision petition is hereby dismissed. .;