THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No.9776 of 2010. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the entire proceedings in Cr.No. 291 of 2007 of Vigilance, APTS Police Station (APCPDCL), Eluru, West Godavari District. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor representing the State. Brief facts of the case are that the Assistant Divisional Engineer, APCPDCL, Eluru along with other staff inspected the premises of the petitioner i.e. Sri Lakshmi Narasimha Coconut Products on 2.2.2007 and inspected the electrical service connection bearing SC.No.1105, category III which was standing in favour of the petitioner and noticed that there was pilferage of energy by meddling with the metre and that after verification of the records, the theft of energy was estimated at Rs. 2,14,842/- and a complaint was forwarded to the APTS Police on 15.2.2007 and on the same day a case in Cr.No. 291 of 2007 under Sections 135 and 138 of the Indian Electricity Act was registered against the petitioner. The learned Counsel for the petitioner would submit that the punishment provided for the offences under Sections 135 and 138 of the Indian Electricity Act is more than one year but not exceeding three years and that as per Section 468 (2) (c) Cr.P.C. cognizance of the offence has to be taken within three years from the date of detection of the offence and that in the instant case the alleged offence was detected on 2.2.2007 and the limitation for taking cognizance of the offence expires by 2.2.2010 and that since 2.2.2010 has already expired and since the concerned police did not file charge sheet against the petitioner, the proceedings against the petitioners have to be quashed in view of the bar provided under Section 486 (2) (c) Cr.P.C. The learned Additional Public Prosecutor did not dispute the submissions of the learned Counsel for the petitioner. Since the alleged offence was detected on 2.2.2007, the limitation runs from the said date and as per Section 486 (2) (c) Cr.P.C. the cognizance has to be taken within three years from the date of detection of the offence and since the concerned police did not file the charge sheet even till today and since the limitation prescribed for taking cognizance of the offence expired by 2.2.2010, the proceedings initiated against the petitioner in the above said crime are time barred. In view of the same, the proceedings in Cr.No. 291 of 2007 of Vigilance, APTS Police Station (APCPDCL), Eluru, West Godavari District are hereby quashed. The criminal petition is allowed. ______________________ R.KANTHA RAO,J 07.10.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No.9776 of 2010. ORDER: DT. 07.10.2010.