SRI A.M.C.S. SWAMY ADE/DPE/HYD (CENTRAL) versus MEHDI AGAH KARBALAI & ANR.

SRI A.M.C.S. SWAMY ADE/DPE/HYD (CENTRAL) versus MEHDI AGAH KARBALAI & ANR.

In view of the Second Proviso to Section 151 of the Electricity Act, 2003, the Special Court may take cognizance of offences under the Act without the requirement of committal, and the quashing of proceedings by the High Court was erroneous for not considering this provision.

Parties
Appellant: SRI A.M.C.S. SWAMY ADE/DPE/HYD (CENTRAL); Respondent No.1: MEHDI AGAH KARBALAI; Respondent Advocates: Karri Venkata Reddy, Abid Ali Beeran P, S.Udaya Kumar Sagar; Appellant Advocate: Rakesh K. Sharma; Respondent Advocates: M. Srinivas R. Rao, Sarath S. Janardanan
Jurisdiction
India
Judgment Date
23 July 2019
Procedural Posture
Criminal Appeal / Appeal From High Court Order Granting Petition for Quashing Criminal Proceedings
Outcome
Appeal allowed
Legal Topics
Quashing of Criminal Proceedings, Cognizance by Special Court, Committal Order, Meter Tampering, Electricity Theft
Criminal Law Electricity Law Quashing of Criminal Proceedings Cognizance by Special Court Committal Order Meter Tampering Electricity Theft

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Parties

SRI A.M.C.S. SWAMY ADE/DPE/HYD (CENTRAL)

Appellant

MEHDI AGAH KARBALAI

Respondent No.1

Karri Venkata Reddy, Abid Ali Beeran P, S.Udaya Kumar Sagar

Respondent Advocates

Rakesh K. Sharma

Appellant Advocate

M. Srinivas R. Rao, Sarath S. Janardanan

Respondent Advocates

Procedural Posture

Criminal Appeal / Appeal From High Court Order Granting Petition for Quashing Criminal Proceedings

Legal Issues

  1. 1 Whether the Special Court can take cognizance without a committal order under Section 193 Cr.P.C. in offences under the Electricity Act, 2003
  2. 2 Whether the criminal complaint was filed within 24 hours of disconnection as required under Section 135(1A) of the Electricity Act, 2003

Ratio Decidendi

In view of the Second Proviso to Section 151 of the Electricity Act, 2003, the Special Court may take cognizance of offences under the Act without the requirement of committal, and the quashing of proceedings by the High Court was erroneous for not considering this provision.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order in Criminal Petition No.13678 of 2011 dated 03.12.2018 is set aside
  • Proceedings in E.S.C. No.3 of 2011 revived; trial court to expedite hearing of the case