LexVISHAL AGRAWAL & ANR. versus CHHATTISGARH STATE ELECTRICITY BOARD & ANR.
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[2014] 1 S.C.R. 857 VISHAL AGRAWAL & ANR. v. CHHATTISGARH STATE ELECTRICITY BOARD & ANR. (Criminal Appeal No. 275 of 2014) JANUARY 29, 2014 [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] ELECTRIC/TY ACT, 2003: A B s. 151rlw ss.1351126 of the Act and r.12 of Electricity c Rules, 2005 - Theft of electricity - Officers authorized to file complaint - Cognizance of offences - Plea that Assistant Engineer had no authority to make a written complaint - Held: - Amendment to s.151 is clarificatory in nature - Further, notwithstanding the provisions of s. 151 of the Act, an FIR o could be filed with the police - Even when a Magistrate is to take cognizance on a complaint filed before him, that would not mean that no other avenue is opened and complaint/FIR cannot be lodged with the police - Offences under Electricity Act are also to be tried by applying the procedure contained E , in the Code - It cannot be said that a complete machinery - is provided under Electricity Act as to how such offences are to be dealt with - If the offence under the Code is cognizable, provisions of Chapter XII containing s. 154 Cr.P. C. and onward would become applicable and it would be the duty of police F to register FIR and investigate into the same - Code of Criminal Procedure, 1973 - ss.4, 154 and 172. The appellants, who were consumers of electricity and getting supply thereof from State Electricity Board, were found committing theft of electricity. The Board G lodged a complaint at the Police Station. An FIR for offences punishable u/ss 135/126 of the Electricity Act, 2003 was registered on 31.3.2006. After investigation into the matter, a challari was filed before the Special Judge, 857 H 858 SUPREME COURT REPORTS [2014] 1 S.C.R. A who passed orders dated 30.6.2006 taking cognizance of the offence. The appellants filed petition before the High Court seeking to quash the proceedings on the ground that the Assistant Engineer had no authority to make any written complaint and the Special Judge could not have B taken cognizance of the offence without complying with the provisions of s.151 of the Electricity Act, 2003. The High Court directed the appellants to approach the Special Judge, who held that since the complaint had not been made by the officers named in r. 9 of the c Chhattisgarh State Electricity Rules, 2006, cognizance thereof could not be taken. Accordingly, the appellants were discharged from the case. The Board filed a criminal revision before the High Court by on 4.2.2007. Meanwhile, the Electricity Act was amended by inserting, inter alia, 0 ss. 151 (A) and 151 (B) to the Act with effect from 15.6.2007. The High Court reversed the orders of the Special Judge holding that as per r. 12 of the Rules, the police was authorised by the Central Government to forward the complaint received by the officers authorised u/s 151 of E the Electricity Act to the court concerned and, therefore, the complaint was validly instituted. In the instant appeal filed by the accused- consumers, the question for consideration before the Court was: whether the amendment in s. 151 of the F Electricity Act, 2003, which empowered the court to take cognizance of an offence upon a report made by the police u/s 173 of the Code of Criminal Procedure, 1973, would be applicable to the pending complaints filed prior to the said amendment. G Dismissing the appeal, the Court HELD: 1.1. In view of the judgment of this Court in Satyendra Rai's case*, conclusively holding that amendment to s.151 is clarificatory in nature and further H that notwithstanding the provisions of s. 151 of the Act, VISHAL AGP-.AWAL v. CHHATTISGARH STATE 859 ELECTRICITY BOARD an FIR could be filed with the police, the matter stands A clinched in favour of the Board. [para 17) [871-G] * Assistant E/ectrial Engineer vs. Satyendra Rai & Anr. (2012) 1 PLJR 476 - relied on. 1.2. As far as the scheme of the Code of Criminal 8 Procedure is concerned, it demarcates the offences into two categories, namely, cognizable and non-cognizable offences. Section 154 of the Code prescribes that in respect of every offence which is a cognizable one, information thereof is to be given to an officer in-charge C of a police station, who shall reduce the same into writing. Thus, it is the duty and responsibility of the police authorities to register an FIR. Sub-s. (3) of s. 154 further obligates the police authorities to investig
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