BISWANATH ADA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was prosecuted for theft of electrical energy under Section 39 of the Indian Electricity Act, 1910 and having been found guilty thereunder was convicted and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500/ - in default to undergo rigorous imprisonment for one month. The appeal taken out as against the order of conviction and sentence was dismissed and the judgment and sentence passed by the trial Court were confirmed by the 2nd Additional Sessions Judge, Puri.

(2.) THE prosecution case, in short, is that on 21.1.1988 Niranjan Pradhan. Assistant Engineer, Electrical, Vigilance, Bhubaneswar (P.W.3) along with vigilance squad staff of the O.S.E.B. and local police went to village Sanpur for detection of unauthorised consumption of electric energy. During visit of the village they found the appellant consuming electrical energy unauthorisedly by Hooking process from the nearby L.T.line. The Assistant Engineer, Electrical, (P.W.3) lodged a complaint with the Officer -in -charge, Bolgarh Police station and that is how the case against the appellant was started.

(3.) LEARNED counsel for the State submits that this objection about maintainability of the case was not taken by the petitioner either before the trial Court or before the appellate Court and as such, this Court should not entertain the ground now taken by the petitioner. It is no doubt true that these grounds were not urged before the Courts below. Nevertheless the fact remains that it is a matter going to the root of the prosecution. The Assistant Engineer, Electrical had no authority to launch the prosecution and the case proceeded upon his report. Since the Assistant Engineer, Electrical, had no authority to launch the prosecution, the entire proceeding is without jurisdiction and this Court should interfere in revision.