VISHAL AGRAWAL & ANR. versus CHHATTISGARH STATE ELECTRICITY BOARD & ANR.

VISHAL AGRAWAL & ANR. versus CHHATTISGARH STATE ELECTRICITY BOARD & ANR.

The amendment to Section 151 of the Electricity Act, 2003, is clarificatory; an FIR can be lodged with the police for offences under the Act, and the investigation and trial of such offences is governed by the procedure under the Code of Criminal Procedure, 1973. The court may take cognizance based on a police report under Section 173 CrPC. The appeal is dismissed as the complaint was validly instituted and the police had authority to investigate under the Electricity Act.

Parties
Appellant: Vishal Agrawal; Appellant: Another (not named); Respondent: Chhattisgarh State Electricity Board; Respondent: Another (not named)
Jurisdiction
India
Judgment Date
29 January 2014
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Theft of Electricity, Cognizance of Offences, Police Investigation, Procedural Law Under Electricity Act
Criminal Law Electricity Law Theft of Electricity Cognizance of Offences Police Investigation Procedural Law Under Electricity Act

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Parties

Vishal Agrawal

Appellant

Another (not named)

Appellant

Chhattisgarh State Electricity Board

Respondent

Another (not named)

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether amendment in Section 151 of the Electricity Act, 2003, empowering court to take cognizance upon a police report under Section 173 CrPC, applies to pending complaints filed before the amendment
  2. 2 Whether only specified officers may file complaint under s.151 before cognizance is taken under Electricity Act, 2003
  3. 3 Whether FIR can be lodged with police for offences under Electricity Act

Ratio Decidendi

The amendment to Section 151 of the Electricity Act, 2003, is clarificatory; an FIR can be lodged with the police for offences under the Act, and the investigation and trial of such offences is governed by the procedure under the Code of Criminal Procedure, 1973. The court may take cognizance based on a police report under Section 173 CrPC. The appeal is dismissed as the complaint was validly instituted and the police had authority to investigate under the Electricity Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs