ASSISTANT ELECTRICAL ENGINEER Vs. SATYENDRA RAI

JUDGEMENT

(1.) Leave granted. Challenge in this appeal is to the order dated 28th May, 2009 passed by the High Court of Judicature at Patna in Crl. Miscellaneous No. 19178 of 2007 whereby the High Court has quashed the first information report No. 18 of 2007.

(2.) The brief facts of this case are, that on 24.1.2007 at about 12.30 p.m., a raiding party led by Vijay Kumar Singh, Assistant Electrical Engineer conducted a surprise raid in the premises of the rice mill of the Respondent No. 1 in Village Dariyapur under Naubatpur Police Station and found a 5 H.P. Motor running directly with electrical energy extracted from the main supply line illegally by attaching a hook. Thereafter, the Assistant Electrical Engineer Naubatpur filed a complaint before the police on the same day with regard to the theft of electricity being committed by the Respondent No. 1 and on the basis of the said complaint, a first information report was registered bearing Naubatpur P.S. Case No. 18 of 2007 for the offences punishable under Sections 39/44 of the Electricity Act, 1910.

(3.) It is an admitted position that at that time when the complaint was filed, the Electricity Act, 2003 (hereinafter referred to as "the Act") had already come into force. However, the complaint seems to have been filed under the old Act i.e. Indian Electricity Act, 1910. The Respondent No. 1, therefore, moved the High Court for quashing of the FIR particularly on the ground that under Section 151 of the Act, only a private complaint could be filed and no police case was maintainable. Section 151 of the Act on the date of complaint was as under:-