IMPORTANT POINT
Special Court is empowered to take cognizance without there being order of committal as contemplated under Section 193 of Code of Criminal Procedure, 1973.

JUDGMENT

R.Subhash Reddy, J.

1. Leave granted.

2. This Criminal Appeal is filed by the Officer of the State Distribution Utility Southern Power Distribution of Telangana Limited (formerly known as APCPDCL) challenging the order dated 03.12.2018 passed by the High Court of Judicature at Hyderabad in Criminal Petition No.13678 of 2011.

3. By the aforesaid order, the High Court has allowed the Criminal Petition No.13678 of 2011, which was filed under Section 482 of the Code of Criminal Procedure, 1973, and quashed the proceedings in E.S.C. No.3 of 2011 on the file of 1st Additional Metropolitan Sessions Judge, Hyderabad.

4. (a) Respondent No.1 herein is a consumer of electricity with Service Connection bearing SC No.CZ007583 connected with a load of 12903 W of Southern Power Distribution of Telangana Limited (SPDTL). On 12.11.2009 at about 12.26 hours, premises of respondent No.1 was inspected in his presence by the concerned staff of the appellant. At the time of inspection, the inspecting authorities have found extra pressing and seal bit bulging marks along with seal wire on the meter box seal. The said meter was replaced with another meter and the earlier meter was sent to MRT Lab for examination. The MRT Lab, on examination, certified that the meter was tampered. The loss thereby was assessed at Rs.6,28,383/- (Rupees six lakhs twenty eight thousand and three hundred and eighty three only). It is a case of the appellant that the offence committed by respondent No.1 is a second offence. The first offence registered against respondent No.1 was in Crime No.491 of 2008 dated 25.11.2008. The first criminal case registered against respondent No.1 was compounded on 03.08.2009 upon payment of Rs.47,000/- (Rupees forty seven thousand only).

(b) When the appellant noticed tampering of meter, on receipt of report from MRT Lab, the concerned officer has lodged a complaint on 24.11.2009 and the same was registered as First Information Report No.440 of 2009 on 25.11.2009, for the offence punishable under Section 135 of Electricity Act, 2003. On filing the charge sheet, as contemplated under Section 173 of the Code of Criminal Procedure, 1973, on 10.01.2011, the Special Court took cognizance of the case under Section 151 of the Electricity Act, 2003 as amended by Act 26 of 2007, which came into force from 15.06.2007, and registered the same as E.S.C. No.3 of 2011.

(c) Respondent No.1 herein has filed Criminal Petition No.13678 of 2011 before the High Court of Judicature at Hyderabad under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the aforesaid proceedings on two grounds. The first ground was that the complaint was not filed within twenty-four hours of disconnection as mandated under proviso to Section 135(1-A) of the Indian Electricity (Amendment) Act, 2007.

Section 135(1-A) of the Indian Electricity (Amendment) Act, 2007, reads as under:

“(1-A) Without prejudice to the provisions of this Act, the licensee or supplier, as the case may be, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity:

… …

Provided further that such officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty-four hours from the time of such disconnection:”

The second ground was that the Special Court has taken cognizance without any order of committal and the same is in violation of Section 193 of the Code of Criminal Procedure, 1973. In support of the said contention, respondent No.1, before the High Court, relied on a decision in the case of State of Andhra Pradesh, represented by its Public Prosecutor v. M/s. Shalini Steels Private Limited, Bollaram, Medak District; 2011 CrLJ 67. In the said case, High Court by relying on the decision of this Court in Gangula Ashok & another v. State of Andhra Pradesh, (2000) 2 SCC 504 = 2000(1) ALT (Crl) 174 (SC) held that committal order is m