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SUPREME COURT OF INDIA
K.S. RADHAKRISHNAN, A.K. SIKRI, JJ.
Vishal Agrawal & Anr. – Appellants
Versus
Chhattisgarh State Electricity Board & Anr. – Respondents
CRIMINAL APPEAL NO.275 OF 2014 [Arising out of Special Leave Petition (Criminal) No. 4857 of 2008]
Decided On : 29-01-2014
(2012) 1 PLJR(SC) 476 - Relied upon
(b) Electricity Act, 2003 - Section 151 and First Schedule, Part II, Code of Criminal Procedure, 1973 - Theft of electricity - FIR can be filed with the police notwithstanding provisions of section 151. (Para 17)
(2012) 1 PLJR(SC) 476 - Relied upon
(c) Code of Criminal Procedure, 1973 - Section 4 r/w section 155, Electricity Act, 2003 - Procedure contained in the Code - Applicable to offences triable under the Act. (Para 21)
(d) Electricity Act, 2003 - Section 151 r/w rule 12, Electricity Rules, 2005 - Complaint - To be filed before court which could straightway take cognizance - Does not mean that other avenues like filing FIR with police is excluded. (Para 23)
2004 CriLJ 822 - Relied upon
136(2007) DLT 521; (2010) CriLJ 271 - Approved.
(2010) 2 KLJ 569; AIR 2007 Cal 189; (2006) 1 C CrlJ (Cal) 334; (2007) 2 KLT 733
(2008) 1 Cal LT 486 - Referred
Facts of the case:
The pure question of law arising in this case is whether an amendment would apply retrospectively? In other words, whether cognizance can be taken on a complaint under an amended provision which was filed before the amendment?
Finding of the Court:
Amendment to section 151, Electricity Act, 2003 being clarificatory, is retrospective.
Result: Appeal dismissed.
JUDGMENT
A.K. SIKRI, J.
1. Leave granted.
2. A pure question of law which arises for consideration is: whether the amendment in Section 151of the Electricity Act, 2003 (hereinafter referred to as the Act] which empowers the Court to take cognizance of an offence upon a report made by the police under Section 173 of the Code of Civil Procedure [hereinafter referred to as the Code], would be applicable to the pending complaints filed before the aforesaid amendment. To answer this question, scope and interpretation of Section 151, as it stood prior to the amendment, also needs to be considered.
This issue has arisen in the following set of facts:
3. The respondent, viz. Chhattisgarh State Electricity Board (hereinafter to be referred as the 'Board') is the supplier of electricity in the State of Chhattisgarh. The appellants are the consumers of the Electricity and getting supply thereof through the Electricity connection provided by the Board. As per the Board, the appellants were found committing theft of the electricity which was revealed on 23.3.2006 when the Electricity meter of the appellant was inspected by the Inspection Team of the Board. It transpired that instead of the approved 55.204 KW, the appellants were using load of 59.810 KW and the meter was also tampered with. The Board made a complaint to the Station House Officer (SHO), Police Station, Civil Lines, Bilaspur. On the aforesaid allegations with request to the SHO to register a FIR against the appellants on the basis of a complaint dated 30.3.2006, the FIR was registered by the SHO on 31.3.2006 being FIR No. 227 of 2006 under Section 135/126 of the Act. After investigating into the matter, officer in-charge of the Police Station filed the challan before the Special Judge, Bilaspur who passed orders dated 30.6.2006 taking cognizance of offence under the aforesaid provisions of the Act.
4. Against this order, the appellants filed quashing petition before the High Court on the ground that the Assistant Engineer had no authority to make any written complaint and the Special Judge could not have taken cognizance of the offence without complying with the provisions of Section 151 of the Act. This petition was disposed of by the High Court with a direction to the appellants to approach and raise the said objection before the Special Judge. On that basis, the aforesaid plea was pressed before the Special Judge as well by filing an application to this effect. The contention of the appellants was found convincing by the Special Judge who passed orders dated 26.9.2006 thereupon holding that since the complaint had not been made by the officers named in Rule 9 of the Chhattisgarh State Electricity Rules, 2006, cognizance thereof could not be taken. As a sequittor, the appellants were discharged from the case. At the same time liberty was also given to the Board to take appropriate action in accordance with law.
5. The Board did not accept the aforesaid order and challenge the same before the High Court by filing Criminal Revision on 4.2.2007. Within four months thereof the Electricity Act was amended by inserting, inter alia, Sections 151(A) and 151(B) to the said Act with effect from 15.6.2007. The High Court has by impugned order dated 26.2.2008, reversed the orders of the Special Judge holding that as per Rule 12 of Chhattisgarh State Electricity Rules, the police has been authorised by the Central Government to forward the complaint received by the officers authorised under Section 151 of the Electricity Act to the concerned Court and, therefore, the complaint was validly instituted.
6. Before we take note of the contentions advanced before the High Court and the manner in which the High Court has dealt with the same, it would be apt to reproduce relevant provisions of the Electricity Act as well as Chhattisgarh Electricity Rules, interpretation whereof is involved in the present case.
7. Section 151 of the Act, as it existed before the amendment, is as follows:
“151. Cogniz
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