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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Brij Mohan Somani – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's request for quashing based on no prima facie case. (Para 1 , 2) |
| 2. arguments presented by both parties on legality of prosecution after assessment. (Para 4 , 5) |
| 3. court's analysis on distinction between section 126 and section 135 of the act. (Para 6 , 7 , 8 , 11 , 12) |
| 4. criteria and reasoning regarding theft vs. unauthorized use. (Para 9 , 10 , 13) |
| 5. court's final order quashing the ongoing criminal proceedings. (Para 14 , 15) |
JUDGMENT :
1. The petitioner has filed the instant petition under Section 482 Cr.P.C. for quashing of the criminal proceeding in connection with Special Case No.32(E) of 2011 arising out of Energy P.S. Case No.29 dated 17th May, 2011 registered under Section 135 of the Electricity Act, 2003 (hereinafter referred to as ‘the Act’) pending in the file of learned Additional District and Special Judge, Balasore on the grounds inter alia that no prima facie case is made out for prosecution and therefore, the same is not tenable in law.
3. Heard. Mr. Mohanty, learned counsel for the petitioner, Mr. Praharaj, learned counsel for the State-opposite party Nos.1 and 2 and Mr. Tripathy, learned counsel for opposite party No.3.
Distinction exists between civil liability under Section 126 and criminal liability under Section 135 of the Electricity Act, with mens rea being essential for theft prosecution.
The assessing officer has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
An acquittal on the charge of theft under Section 135 of the Indian Electricity act, 2003 does not automatically absolve the consumer from the civil liability under Section 126, as the two operate on....
The main legal point established is that the CESC Limited acted within its jurisdiction in conducting parallel proceedings under Sections 126 and 135 of the Electricity Act, 2003, and the petitioner'....
Unauthorized use of electricity includes misuse or malpractices while using electricity, and the assessing officer is legally bound to pass a final assessment order after considering objections.
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
Unauthorized use of electricity for a purpose other than authorized and in premises other than those for which the supply was authorized constitutes a violation of Section 126 of the Electricity Act ....
Sections 126 and 135 of the Electricity Act, 2003 are constitutionally valid, providing distinct frameworks for civil assessments and criminal penalties for unauthorized use and theft of electricity.
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
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