LAWS(MPH)-2003-1-65

HARGYAN Vs. STATE OF MADHYA PRADESH

Decided On January 31, 2003
HARGYAN Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This reference which has been made to resolve the controversy arising out of conflicting decision of the Single Bench of this Court. Conflicting views have arisen on the point whether a complaint for an offence under Section 379, IPC read with Section 39 of Indian Electricity Act is maintainable on the complaint of Electrical Inspector or an officer of the Electricity Board is also competent to file the complaint.

(2.) The only question involved in the case is whether under Section 50 of the Indian Electricity Act, prosecution can be lodged on the complaint of the officers of M. P. Electricity Board.

(3.) For the purpose of examining the controversy it is necessary to examine the provision of Section 50 of the Indian Electricity Act which deals with institution of prosecution. Section 50 of the Act is reproduced hereinbelow: