IMPORTANT POINT
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.

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:-

“Accordingly, I direct the petitioner to file application before the Special Court (Electricity) under Section 154 raising all the points taken in this writ application including the period of assessment. If such application is filed, the Special Court (Electricity) is directed to finally determine the electrical charges in accordance with law.

With the aforesaid observation, this application is disposed of.”

4. The petitioner filed the said application under Section 154 (5) of the Electricity Act, 2003 with a prayer for fixing civil liability against the accused/petitioner in the court of special Judge (Electricity Act), only on 03.05.2023; though the said order in W.P. (C) No.4825 of 2009 was passed on 18.06.2015. The learned Special Judge, Electricity Act has mentioned in the order dated 27.05.2023 that the case is fixed for recording the statement of accused under Section 313 of Cr.P.C. The case is one of the oldest case in the judgeship and the accused/petitioner has filed the petition only to linger the proceeding of the case and to avoid logical conclusion of the case and hence, considering the petition to be a frivolous one, rejected the same in limine.

5. Learned counsel for the petitioner draws the attention of this Court towards Section 154 (5) of the Electricity Act, 2003 which reads as under:-

“154. Procedure and power of Special Court.-

(1) xxxx

(2) xxxx

(3) xxxx

(4) xxxx

(5) The [Special Court shall] determine the civil liability against a consumer or a person in terms of money for theft of energy which shall not be less than an amount equivalent to two times of the tariff rate applicable for a period of twelve months preceding the date of detection of theft of energy or the exact period of theft if determined whichever is less and the amount of civil liability so determined shall be recovered as if it were a decree of Civil Court.”

and submits that non-adjudication of the application under Section 154 (5) of the Electricity Act, 2003 on its merit will prejudice the petitioner. Hence, it is submitted that the said 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 be quashed and set aside.

6. Mr. Kaushik Sarkhel- learned standing counsel for J.U.V.N.L on the other hand submits that the learned court below has rightly rejected the application under Section 154 of Electricity Act in limine in exercise of its discretionary power, hence, there is no illegality in the said 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. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that it is apparent that the learned Additional Sessions Judge-II-cum-Special Judge, Electricity Act, Koderma failed to take note of the order passed by a co-ordinate Bench of this Court in W.P.(C) No.4825 of 200