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Judgment
Aruna Jagadeesan, J.—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 u/s 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.
The learned Counsel for the petitioners would submit that as per Section 154 of the Act, every offence punishable under Sections 135 - 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 u/s 153 of the Act.
The learned Public Prosecutor has no serious objection for transferring the case to the Special Court formed under the Act.
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 u/s 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.