STATE OF KARNATAKA versus ADIMURTHY ALIAS B. MOORTHY

STATE OF KARNATAKA versus ADIMURTHY ALIAS B. MOORTHY

Section 50 of the Indian Electricity Act, 1910 does not require that authorisation for instituting prosecutions be notified in the official Gazette; it suffices that the prosecution is launched at the instance of the Electricity Board, and an internal notification authorising the Supervisor to lodge the complaint is adequate.

Parties
Appellant: State of Karnataka; Respondent: Adimurthy alias B. Moorthy
Jurisdiction
India
Judgment Date
11 May 1983
Procedural Posture
Criminal Appeal / Appeal by Special Leave
Outcome
appeal allowed; acquittal set aside; respondent convicted; no sentence imposed
Legal Topics
Theft of Electricity, Institution of Prosecutions Under Indian Electricity Act
Criminal Law Theft of Electricity Institution of Prosecutions Under Indian Electricity Act

Case Brief

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Parties

State of Karnataka

Appellant

Adimurthy alias B. Moorthy

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether section 50 of Indian Electricity Act, 1910 requires notification authorising officers to institute prosecution to be published in official Gazette
  2. 2 Meaning and scope of 'at the instance of' under section 50 of the Act
  3. 3 Whether supervisor was competent to lodge complaint against electricity theft

Ratio Decidendi

Section 50 of the Indian Electricity Act, 1910 does not require that authorisation for instituting prosecutions be notified in the official Gazette; it suffices that the prosecution is launched at the instance of the Electricity Board, and an internal notification authorising the Supervisor to lodge the complaint is adequate.

Court Disposition

appeal allowed; acquittal set aside; respondent convicted; no sentence imposed

Orders

  • Judgment of Karnataka High Court upholding acquittal is set aside.
  • Respondent convicted under section 39 of Indian Electricity Act, 1910 read with section 379 of Indian Penal Code, 1860.