HARDWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application by Hardwar Singh for quashing an order, dated the 5th February, 1972, by which the Sub -Divisional Magistrate of Jehanabad took cognisance of offences under Sections 39 and 44 of the Indian Electricity Act, 1910 (hereinafter referred to as 'the Act') and transferred the case to the Court of a Judicial Magistrate, 1st class, for disposal.

(2.) THE short facts of the case are these. On the 27th May, 1971, Shri Dasrath Prasad (O. P. No. 2), the Assistant Engineer of Electric Supply Sub -Division, Jehanabad, accompanied by some persons, raided the pump chamber of the petitioner in village Ainwa, within the said electric supply sub -division and caught the petitioner red -handed in the act of stealing electric energy as he found that the three phased L. T. line had been connected directly to the 3 H. P. motor pump No. 47219 and the pump was operating and irrigating land. He further found V. I. wire connected with the L. T. line. Thereafter apposite party No. 2. lodged information to the above effect with the local police, who after investigation, submitted charge -sheet under Section 379 of the Indian Penal Code and Sections 39 and 44 of the Act on the basis of which the learned Sub -Divisional Magistrate passed the impugned order taking cognisance of offences under Sections 39 and 44 of the Act.

(3.) LEARNED counsel for the petitioner has assailed the impugned order an the ground that the Magistrate was not empowered to take cognisance of the offences under Sections 39 and 44 of the Act except on a complaint made by the persons mentioned in Section 50 of the Act and since the police officer, who submitted the charge -sheet was not one of the person" mentioned in that section, the Magistrate committed an error in law in taking cognisance of the offences and that therefore, the order was fit to be quashed as being without jurisdiction. Section 50 of the Act provides as follows : -