FAREED BAIG Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANTS have filed this revision against the order dated 24-5-2007 passed by Special Judge, Begamgunj, District Raisen, in Special Sessions Trial no. 05 of 2007, framing charge against them under Section 138 of the Indian electricity Act besides Section 429 of the IPC and Section 11 of the Cattle trespass Act.

(2.) LEARNED Counsel for the applicants submits that the learned special Judge has committed illegality in taking cognizance against applicants for the offence under Section 138 of the Indian Electricity Act, 2003, (hereinafter referred to as the 'said Act') on the basis of charge-sheet filed by police before it. He submits that in view of the provisions of Section 151 of the said Act no Court can take cognizance of an offence punishable under the said act except upon a complaint in writing made by appropriate Government or appropriate Commission or any of their officers authorized by them or a Chief electrical Inspector or a Electrical Inspector or licensee or the Generating company as the case may be for the purpose. He submits that since the offence punishable under Section 138 of the said Act is triable only by the Special Court, the Special Court cannot take cognizance directly without the case being committed to it by Magistrate. Referring to the provisions of Section 155 of the said Act learned Counsel submitted that the provisions of the Code of Criminal procedure in so far as they are not inconsistent with the provisions of the said act, shall apply to the proceeding before the Special Court and for the purpose of the provisions of the said Act Special Court shall be deemed to be a Sessions court.

(3.) LEARNED Counsel for the State pointed out the amendments brought in force by Electricity (Amendment) Act, 2007, i. e. , Act No. 26of 2007. This Amendment Act received assent of the President on 28th May, 2007.