The main legal point established in the judgment is the applicability of the provisions of the Electricity Act, 2003, and the authority of the police to investigate and register an FIR for offences related to theft of electricity.

Heard Mr. Vijayeshwar Prasad, learned counsel appearing on behalf of the petitioner and Mr. Anand Kumar Ojha, learned counsel representing the South Bihar Power Distribution Company Limited and others.

2. The petitioner has filed this criminal writ application under Articles 226 and 227 of the Constitution of India seeking quashing of the first information report of Rani Talab Karpa P.S. Case No.53 of 2013 for the offences punishable under section 379 of the Indian Penal Code (hereinafter referred to as “the Code) as well as sections 135 and 138 of the Electricity Act, 2003 (hereinafter referred to as “the Act”).

3. One Sonu Kumar, a Junior Engineer of the South Bihar Power Distribution Company Limited (hereinafter referred to as “the Company”) submitted his written report on 23rd July, 2013 at about 4 p.m. to the Officer-in-charge of Rani Talab police station, Patna on the basis of which the aforesaid police case was registered at 8 p.m. on 23rd July, 2013. According to the FIR in order to curb theft of electricity, a raid was conducted in the premises of the petitioner in village Shivpur under Rani Talab police station on 23rd July, 2013 at 4 p.m. and it was found that a wielding machine was being operated directly with electrical energy extracted from the main supply line illegally by attaching a hook. A wielding machine, a wielding holder and pvc wire were seized by the raiding party from the premises of the petitioner. It has been alleged that on seeing the raiding party, the petitioner managed to escape from the place of occurrence. The aforesaid written report and the seizure list of the articles seized in the alleged raid were handed over to the police, pursuant to which the FIR in question was registered.

4. Learned counsel for the petitioner has submitted that the allegations made in the FIR are absolutely false and the petitioner has been implicated in the case with ulterior motive. He has submitted that in no case the ingredients of the offences punishable under sections 135 and 138 of the Act are attracted in the present case.

5. According to him, the FIR is also bad in view of the judgment of this Court in the case of Satyendra Rai @ Satyandar Kumar Rai @ Bajrang Wali Vs. State of Bihar and Another since reported in 2009(3) PLJR 767 wherein it has been held that in view of section 151 of the Act only a complaint case be filed by the persons enumerated therein for the offences punishable under sections 135 and 138 of the Act and no cognizance can be taken of an offence on the basis of a police case. He has submitted that the Act statutorily provides the procedure as to how the cases are to be lodged in respect of theft of electricity and recourse cannot be taken to any other method. According to him, the very inception of the case by instituting the FIR in place of a complaint was not in accordance with law.

6. Lastly, it has been argued by the learned counsel for the petitioner in support of the prayer for quashing of the FIR is that even if the Company has power to institute an FIR through the various persons, such power was not vested in the Junior Electrical Engineers as the Junior Electrical Engineers are not authorized under sub-section (1-A) of section 135 of the Act for lodging a complaint in the police station.

7. Per contra, Mr. Anand Kumar Ojha, learned counsel representing the South Bihar Power Distribution Company Limited, has submitted that the application filed by the petitioner is misconceived in law. He has submitted that apparently the allegations made in the first information report do constitute a cognizable offence. Hence, the police have jurisdiction to investigate the case. He has submitted that the law laid down by this Court in Satyendra Rai (supra) is no longer a good law as the judgment has been set aside by the Hon’ble Supreme Court in Criminal Appeal No.2133 of 2010. He has further submitted that the Junior Electrical Engineers of the Company have already been vested