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ANIL KUMAR CHOUDHARY
Pradeep Kumar Jain S/o Late Chunni Lal Jain – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 27.05.2023 passed by the learned Additional Sessions Judge-II-cum-Special Judge, Electricity Act, Koderma in G.R. Case No.835 of 2009 arising out of Telaiya P.S. Case No.520 of 2009 by which the learned Special Judge dismissed the petition filed under Section 154 (5) of the Electricity Act, 2003 with a prayer for fixing civil liability against the accused/petitioner in the light of the order dated 18.06.2015 passed by this Court in W.P. (C) No.4825 of 2009.
3. The brief facts of the case is that the petitioner earlier filed W.P. (C) No.4825 of 2009 which was disposed of with following observation:-
With the aforesaid observation, this application is disposed
The determination of civil liability under Section 154 (5) of the Electricity Act is independent of the criminal proceeding and should be dealt with separately by the Special Court.
Civil liabilities for electricity theft must be determined by a Special Court, and actions based on provisional assessments are invalid post-exoneration.
The jurisdiction for civil liability in electricity theft cases lies with the Commercial Court, not the Special Court, which handles criminal offences.
The Special Court constituted under Section 153 of the Electricity Act, 2003 does not have jurisdiction to determine civil liability in the absence of pending trial of specific offences under the Act....
Section 135 of 2003 Act deals with an offence of theft of electricity and penalty that can be imposed for such theft. This squarely falls within dimensions of criminal jurisprudence and mens rea is o....
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