ABHAY TYAGI Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS petition under Section 482 of the cr. P. C. has been filed by the petitioner for quashing of the FIR No. 235/2004 registered at P. S. Seema Puri, at the instance of the 2nd respondent, on the allegations that on an inspection conducted at the premises of the petitioner it was found that the petitioner indulged in the theft of electricity and, therefore, he was liable to be punished under section 39 of the Indian Electricity Act 1910 (now, Section 135 of the New Act) read with section 379 of the Indian Penal Code. The inspection was carried on 21. 04. 2004 and on the same day the 2nd respondent lodged a complaint which resulted in registration of the FIR.

(2.) AFTER conducting investigation the Police filed a report before the Special Judge and summons were issued to the appellant. Thereafter, the petitioner filed the present petition and made the following prayers:

(3.) IT is the submission of the petitioner that after the enactment of Electricity Act 2003 (hereinafter referred to, as the New Act) which repealed the Indian Electricity Act 1910 as well as Delhi Electricity Reforms Act 2000 no powers were left with the 2nd respondent to file a complaint before the Police or to get an fir registered with respect to the allegations made by them in the complaint, as no cognizance could have been taken of the alleged offences specified under Section 135 to 138 which are para-materia to Section 39 of the Old Act except upon a complaint filed by an authorized officer before the Designated court, in view of Section 151 of the New Act which reads as under: