SHEIKH MOHD. KHALIL Vs. STATE OF MP.

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure, 1973 is directed against the order dated 28.10.2004 passed in Special Case No. 1/2004 by the Special Judge, Balaghat, whereby the objection of the petitioner against taking cognizance of the offence punishable under section 135 of the Electricity Act, 2003 has been rejected.

(2.) IT is not disputed before me that the Madhya Pradesh State Electricity Board (hereinafter referred to as "the Board") is a licensee within the meaning of section 2 (39) of the Electricity Act, 2003 (hereinafter referred to as "the Act") and the Assistant Engineer of the Board is authorized to make a complaint under section 151 of the Act. On 6.2.2004 the petitioner was found committing theft of electricity werth Rs. 3,461/- by the Assistant Engineer of the Board. A written complaint dated 6.2.2004 was, therefore, made by the Assistant Engineer to the Station Officer of Police Station Gramin Navegaon, District Balaghat. The police, after investigation, submitted its report along with the complaint of Assistant Engineer before the Judicial Magistrate, First Class, Balaghat, against the petitioner. On committal the case came before the Special Judge constituted under the Act. On 5.10.2004 charge under section 135 of the Act was framed against the petitioner. After the recording of evidence the trial is now closed for final arguments. The petitioner raised a plea before the Special Judge that he had no jurisdiction to take cognizance under the Act in the absence of any complaint contemplated under section 151 of the Act. The objection has been rejected by the impugned order.

(3.) SECTION 151 of the Act reads as under :