The accused who faces charges in Charge Sheet No.28 of 2004 dated 11.04.2004 pending on the file of the Judicial Magistrate Court No.I, Gobichettipalayam, for the alleged offences punishable under Section 135(1)(b) and 138(a) and (d) of the Electricity Act, 2003 (after the amendment of Electricity Act, 2003 came in force on 10.06.2003) are the petitioners herein.
2.The learned counsel for the petitioners would submit that as per Section 154 of the Act, every offence punishable under Sections 135 to 139 of the Act is to be tried by a Special Court constituted under the said Act and therefore, the Charge Sheet No.28 of 2004 dated 11.04.2004 pending on the file of the Judicial Magistrate Court No.I, Gobichettipalayam has to be transferred to the Principal District Court, Erode, who has been designated as the Special Court under the Electricity Act, 2003 as per the Tamil Nadu Rules and Notification under Section 153 of the Act.
3.The learned Public Prosecutor has no serious objection for transferring the case to the Special Court formed under the Act.
4.Under such circumstances, this petition is dismissed with the following directions:
" Charge Sheet No.28 of 2004 dated 11.04.2004 pending on the file of the Judicial Magistrate No.I, Gobichettipalayam is directed to be transferred to the file of the Principal District Court, Erode (Special Court constituted under the Electricity Act, 2003) as per Tamil Nadu Rules and Notification under Section 153 of the Act. On receipt of the records in Charge Sheet No.28 of 2004, the learned Principal District Court, Erode is directed to dispose of the same within a period of three months from the date of receipt of records in accordance with law. Consequently, connected miscellaneous petition is dismissed.
sri To
1.Inspector of Police Government of Tamil Nadu Kadathur Police Station, Incharge Siruvalur Police Station Gobichettipalayam.
2.The Public Prosecutor High Court, Chennai