BHAGWANDAS TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission.

(2.) By this petition, filed under Article 226 of the Constitution, the petitioner has prayed for quashing of judgment dated 10-8-2010, Annexure P4, passed in Special Case No. 1/ 2007 by the Special Court, (Electricity Act), Khandwa, insofar as it relates to determining his civil liability.

(3.) On 26-4-2006 a team of Vigilance Cell of Madhya Pradesh Western Area Electricity Distribution Company, Khandwa, during inspection found the petitioner committing theft of electricity for the purposes of running a motor grinding mill (Chakki). The petitioner was, therefore, prosecuted for offences under Sections 135 and 138 of the Indian Electricity Act (in short, "the Act") in the Special Court. The Special Court by judgment dated 10-8-2010 convicted the petitioner under Sections 135 and 138 of the Act and sentenced him for a period of six months rigorous imprisonment and a fine of Rs. 5,000/- on both counts. The Special Court also determined the civil liability of Rs. 1,05,075.94 against the petitioner. Aggrieved, the petitioner has filed Criminal Appeal No. 1715/2010 in the High Court which is pending. Along with the appeal, he also filed two applications - one for suspension of sentence and the other for staying the operation of judgment to the extent it relates to civil liablity. A learned Single Judge by order dated 8-9-2010, Annexure P5, has admitted the criminal appeal for final hearing. The learned Judge has also allowed the application for suspension of sentence but dismissed the application in respect of civil liability of the petitioner with a liberty for its filing before the appropriate forum. It appears that the learned Single Judge was of the view that in criminal appeal, no relief can be granted to the petitioner against the determination of civil liability by the Special Court. It is in this background the petitioner has filed the present petition.