CRL.MC No. 425 of 2006 · Kerala High Court

V.K.MOHANAN, J.--------------------------------------CRL.M.C.NO. 425 OF 2006---------------------------------------Dated 11th September, 2007ORDERThe petitioner herein is the sole accused inC.C.No.330/2005 in the file of the Judicial First ClassMagistrate-II, Palakkad for the offences punishable under sections 135 and 126 of the Electricity Supply Act, 2003and section 39 of the Indian Electricity Act, 1910. Thepetitioner challenged annexure-A Final Report upon which the court below took cognizance. According to the petitioner, the court below has no jurisdiction to take cognizance upon thereport filed by the Assistant Sub Inspector of Police of Kongad police station who is not an officer authorised as persection 151 of the Electricity Act, 2003. Therefore he prays to quash the proceedings in C.C. 330/2005 of the JFCM-II,Palakkad.

According to annexure-A Final Report, the allegationis that on 16-2-2005 at 16 hours when the de factocomplainant along with others inspected the electric metre,C.T kept at north western wall inside the Modern Control Rice crmc 425/062Mill owned by the accused situated at buildingNo.1/342, Kannikkulam, Mundur No.II vilage, Mundurpanchayath, the APTS seal was found broken, and the seal on the terminal cover of the metre box was also found missing and the pressure coil was found alternatively connected and thus the accused committed theft of electricity worth of Rs.3,28,460/-. On the basis of the information given by the de facto complainant, crime No.61/2005 of Kongad police station was registered and after conducting investigation, a report in crime No.121/2005 of Kongad police station was filed before the court below. Annexure-A is the report filed wherein the petitioner is shown as accused for the offences punishable under sections 135 and 126 of the Indian Electricity Supply Act, 2003 and section 39 of the Indian Electricity Act 1910. Based upon annexure-AFinal Report, C.C.No.330/2005 is instituted in the court below. It is the above proceedings seeks to be quashed by this Court by invoking Section 482 Cr.P.C.

Heard the counsel for the petitioner as well as crmc 425/063the Public Prosecutor.

The learned counsel appearing for the petitioner has drawn my attention to section 151 of the ElectricityActand submitted that the court will get jurisdiction or can take cognizance only on the basis of a complaintin writing filed before it by the officer competent mentioned in section 151 of the Electricity Act, 2003.Section 151 reads:

151. Cognizance of offences.- No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by Appropriate Government or AppropriateCommission or any of their officer authorised by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company, as the case may be, for this purpose

.Obviously, annexure-A charge sheet would show that thereport is filed by the A.S.I., Kongad police station. On areading of section 151 of the Act, it can be seen that unless there is a specific authorisation by the competent authorities mentioned in section 151 of the above Act, a crmc 425/064police officer is not empowered to file report under section 173 Cr.P.C. or even a complaint for the offences covered by the above Act. The learned Public Prosecutorsubmitted that so far, no notification is issued by the Government or the Board authorising any category of police officers to file report or complaint with respect to the offences contemplated by the above Act.5. In the decision reported in Paramasivam v.Union of India (2007 (2) KLT 733), this Court has held that the trial court cannot take cognizance based on report filed by the police under section 173 of the code of Criminal Procedure.

On a perusal of annexure-A report, it can beseen that the A.S.I of Police, Kongad police station who submitted the report will not come in any of the class of authority enumerated in section 151 of the Act. In view of Section 151 of the electricity Act, 2003, the court will get jurisdiction to take cognizance only upon a complaintin writing made by the Appropriate Government or Appropriate Commission or any of their officer authorised crmc 425/065by them or a Chief Electrical Inspector or an ElectricalInspector or licensee or the generating company, as the case may be, for this purpose. In the absence of any authorisation or notification under section 151 of the above Act, or any recital in the alleged charge showing the authority of the A.S.I concerned or for filing thereport, I am of the view that the court below has no jurisdiction to take cognizance based upon annexure Areport.