Validity of cognizance under specific sections of the Indian Electricity Act and IPC based on the evidence of mischief causing economic loss.

1. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and learned counsel appearing for the respondent. I have gone through the order dated 27.7.2006 passed by learned Additional Chief Judicial Magistrate, Phalodi whereby he has taken cognizance against the petitioners for offence under Section 135 of the Indian Electricity Act and Section 430 IPC.

2. The first argument of learned counsel for the petitioners is that no cognizance could have been taken under Section 135 of the Indian Electricity Act, unless complaint is filed in writing by appropriate Government or appropriate Commission or any of their officers authorised by them or a Chief Electrical Inspector or an Electric Inspector or licensee or the generating company, as the case may be. The provision of Section 151 of the Indian Electricity Act bars the cognizance on the police report. It is further stated that the licencee are those persons as mentioned in Section 14. The second argument of learned counsel for the petitioners is that no offence under Section 430 IPC is made out against the petitioners as no mischief has been committed by the petitioners. Learned counsel states that if the petitioners could have disrupted the water supply then the said offence could have been said to have been made out. Therefore, order of learned Magistrate taking cognizance against the petitioners for offence under Section 135 of the Indian Electricity Act and Section 430 IPC is bad in eye of law and requires interference by this Court.

3. On the other hand, learned Public Prosecutor and learned counsel for the respondent have supported the order of learned Magistrate and states that learned Magistrate after considering complete record, has taken cognizance against the petitioners. It is further stated that accused-petitioners have cut the electricity connection from the transformer and stopped the supply of electricity and therefore, water could not be supplied to the crop. Due to mischief committed by the petitioners, a great economic loss has been caused to the complainant as it has damaged to the crop. Therefore, the order of learned Magistrate does not require interference by this Court.

4. I have considered the rival arguments advanced by learned counsel for the parties and also gone through the relevant documents produced before me. The learned Magistrate has taken cognizance against the petitioners for offence under Section 135 of the Indian Electricity Act and under Section 430 IPC. From perusal of the provisions of Section 151 of the Indian Electricity Act, it appears that no cognizance for offence under Section 135 of the Electricity Act could have been taken on a private complaint. The provisions of Section 151 of the Electricity Act, 2003 runs as follows:-

"Sec.151. No Court shall take cognizance of an offence under this Act except upon a complaint in writing made by appropriate Government or appropriate Commission or any of their officers authorised by them or a Chief Electrical Inspector or an Electric Inspector or licensee or the generating company, as the case may be"

5. Looking to the provisions of Section 151 of the Indian Electricity Act, the cognizance taken by learned Magistrate on police report against the petitioners for offence under Section 135 of the Indian Electricity Act is bad in eye of law and the same is liable to be quashed.

6. So far as cognizance under Section 430 IPC is concerned, I have gone the provisions of Section 425 and 430 of the Indian Penal Code which reproduced as under:-

"425 Mischief.-Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys of diminishes its value or utility, or affects it injuriously, commits "mischief".

"430. Mischief by injury to works of irrigation or by wrongfully diverting water:- Whoever commits mischief