AMAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) HEARD the Counsel for the parties and perused the records.

(2.) THE main grievance of Mr. Ruprah is set up against framing of a charge under Section 39 of the Indian Electricity Act (for short "the Act" ). Mr. Ruprah submits that no proceedings can be instituted under Section 39 of the Act without following the conditions contained in Section 50 of the Act, Sections 39 and 50 of the Act on reproduction read as under:-

(3.) ON a careful consideration of the rival submissions so also from perusal of the materials on record, I am of the view that the argument of Mr. Ruprah merits consideration. Herein, the prosecution under Section 379, IPC was set at motion suo-motu by the police and rightly so as the police is empowered under Cr. PC to do so. However, to launch a prosecution under the Electricity Act, only the persons as mentioned in Section 50 of the Act can set the machinery at motion and thus Section 50 is the basis for invoking the jurisdiction of a Court under the Act.