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 th