Public servants discharging duties are protected from prosecution under Section 168 of the Electricity Act, necessitating prior sanction under Section 197 Cr.P.C. for valid claims against them.

JUDGMENT :

R.K. PATTANAIK, J.

1. The petitioners by invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C. have challenged the criminal proceeding in I.C.C. Case No.315 of 2015 pending before the court of learned SDJM, Anandapur initiated at the behest of opposite party No.2 and also the impugned order of cognizance dated 8^th April, 2016 under Anneuxre-5 on the ground that the continuance of the same would be an abuse of process of law and hence, therefore, it is required to be quashed for the ends of justice.

2. Petitioner Nos. 1 & 2 are the officials of the Northern Electricity Supply Company of Orissa Ltd. (in short ‘NESCO’), whereas, petitioner No.3 is a technical staff of the NESCO which is a statutory body discharging public utility service by supplying electricity to different categories of consumers within its area of supply.

3. Heard Mr. Tripathy, learned counsel for the petitioners, Mr. Praharaj, learned counsel for State-opposite party No.1 and Mr. Dash, learned counsel for opposite party No.2.

4. An additional affidavit is filed by the petitioners by stating therein that in exercise of power conferred under Section 126 of the Electricity Act, 2003 and explanation(a) thereto, the State Government has designated the officers of distribution licensee as Assessing Officers for the purpose of the Act published vide Notification dated 21st May, 2004 of the Energy Department, Government of Orissa and in view of the said notification, the Assistant Engineer/Assistant Manager of distribution company stands designated as the AO vis-à-vis single phase low transmission consumers and while pleading so, referred to a copy of it as at Anneuxre-6. It is further stated in the said affidavit that by virtue of vesting order dated 25^th March, 2021 passed in Case No. 9 of 2021 by the OERC in granting license for distribution and retail supply of electricity of Northern Zone of Odisha to Tata Power Company Ltd. renamed as Tata Power Northern Odisha Distribution Ltd. (TPNODL) along with GRIDCO under a joint venture which is presently the distribution licensee w.e.f. 1^st April, 2021 and therefore, the petitioners in view of the above are discharging their duties under TPNODL. To defend the charge, the petitioners in the said affidavit pleaded that the husband of opposite party No.2, namely, complainant being a consumer and he having admitted the consumption of electricity unauthorizedly and in view of a final assessment vide order dated 23rd August, 2017, a representation i.e.Anneuxre-8 was received from him and considering the same, the accessed amount was reduced to Rs. 18,902/- to which he paid it in two installments dated 20^th March, 2017 and on 30^th October, 2017 later to which the proceeding was dropped. In support thereof the computerized billing and statement is filed along with the affidavit as at Annexure-9 and under the above circumstances, it is contended that the complaint so filed against them is an afterthought and a counterblast in under to get rid of the criminal action in G.R. Case No. 623 of 2017 and also the assessment proceeding under Section 126 of the Electricity Act and therefore, its continuation before the court of learned SDJM, Anandpur would be a gross abuse of process of law.

5. Mr. Tripathy, learned counsel for the petitioners submits that the petitioners had been to the spot on an inspection and during that time, the husband of opposite party No.2 and other consumers were found to be in unauthorized use of electricity bypassing the meter(cutting the service line before the meter) and all on a sudden there was an unlawful gathering and they were obstructed to perform the duty, as a result of which, the power supply could not be disconnected and during and in course of events