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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Nihar Ranjan Das – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to criminal proceedings (Para 1 , 2) |
| 2. malicious prosecution and defense (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's requirement for sanction (Para 9 , 10) |
| 4. order to quash cognizance (Para 11 , 12) |
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 8th 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
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.
Criminal proceedings against public servants for negligence cannot be quashed on the ground of lack of sanction under Section 197 CrPC, as negligent acts or omissions do not constitute acts performed....
The jurisdiction of the Special Judge and the sufficiency of grounds for proceeding against the accused were central to the court's decision.
The court upheld that cognizance of electricity theft offences can be taken on authorized complaints and clarified that the 2007 amendment allows police reports for cognizance, applicable retrospecti....
Point of Law : Revisional powers of the High Court can only be exercised to prevent the abuse of the process of law and to secure the ends of justice.
The complaint for theft of electricity can be lodged by any officer of the Electricity Board, including Junior Engineers, as 'persons aggrieved' under S.50 of the Electricity Act.
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....
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.
Employees of MSEDCL are considered public servants under the Electricity Act, necessitating sanction for prosecution under the Criminal Procedure Code.
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