IMPORTANT POINT
The amendment to Section 151 of the Electricity Act empowers police to investigate electricity theft cases, applicable retrospectively, thus validating prior investigations.

ORDER :

G.GIRISH, J.

The order dated 27.08.2013 of the Additional Sessions Court-I, Kozhikode, in C.M.P.No.2088/2013 dismissing the discharge petition filed by the accused in S.C.No.568/2012 on the files of the said court, is under challenge in this revision. The petitioner herein is the accused in the said case, who filed the discharge petition under Section 227 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.PC’) before the learned Additional Sessions Judge. The prosecution in the said case is for the commission of the offence of electricity theft envisaged under Section 135 of the Electricity Act, 2003 (in short, ‘Act’).

2. An inspection conducted by the KSEB officials at the industrial establishment of the petitioner on 23.09.2005 is said to have revealed theft of electricity. Accordingly, the Sub Engineer in charge preferred a complaint before the local Sub Inspector of Police on 03.10.2005, on the basis of which the Police registered a crime as Crime No.302/2005 of Medical College Police Station, Kozhikode. The petitioner thereupon filed Crl.M.C.No.3980/2005 before this Court for quashing the above First Information Report [FIR]. A learned Single Judge of this Court disposed of the above Crl.M.C. along with W.P.(C) No.22972/2006 and 23 other Criminal Miscellaneous Cases by a common judgment dated 10.11.2006. The above said W.P.(C) No.22972/2006 was for quashing the proceedings in C.C.No.183/2005 on the files of the Judicial First Class Magistrate Court-I, Palakkad. In the above writ petition, the learned Single Judge passed the order holding that the cognizance taken by the learned Magistrate in the case C.C.No.183/2005 on the files of the Judicial First Class Magistrate Court-I, Palakkad, was without jurisdiction and accordingly, restrained the learned Magistrate from proceeding with that case. It was further directed in the above said writ petition that the KSEB or its authorised officer may file a written complaint before the learned Magistrate in the light of the materials in the report filed by the Police, and that in the event of such written complaint being filed, the learned Magistrate shall take cognizance of the offence and proceed with the case. It was further observed in the judgment of the learned Single Judge, referred above, that the above said directions will govern the Criminal Miscellaneous Cases wherein cognizance of the offences has been taken based on Police report. In respect of the other Criminal Miscellaneous Cases considered by the learned Single Judge, it was observed that the contentions raised thereunder are kept open, and that the petitioners concerned can raise the same before the Trial Court. Therefore, the contentions of the petitioner in the present case, wherein the learned Magistrate had not taken cognizance, was left open as per the aforesaid judgment of the learned Single Judge. In the meanwhile, Section 151 of the Act was amended with effect from 15.06.2007 empowering the Court to take cognizance of an offence punishable under the Act upon a report of a Police Officer filed under Section 173 Cr.PC. Thereafter, in the year 2012, the Police filed a final report in respect of the electricity theft involved in this case, which was taken on to files by the Sessions Court, Kozhikode, as S.C.No.568/2012. The petitioner, thereupon, filed C.M.P.No.2088/2013 before the learned Additional Sessions Judge-I, Kozhikode, who was considering the aforesaid Sessions Case, under Section 227 Cr.PC for his discharge from the said proceedings stating the reason that the Police was not empowered to investigate the case and to file final report before the Sessions Court. It was contended by the petitioner in the above discharge petition that the amendment brought out to Section 151 of the Act, with effect from 15.06.2007, empowering the Court to take cognizance of the offence under Section 135 of the Act upon a Police Report under Section 173 Cr.PC, was having no retrospective applicability, and hence,