The main legal point established is that under the Electricity Act, 2003, cognizance of offences can only be taken upon a written complaint by specific authorized persons, and the special law prevails over the general law.

T.P.S.MANN, J.

1. By filing the present petition the petitioners are seeking quashing of FIR No. 76 dated 30-1-2006 registered at Police Station City Panipat under Sections 135 and 138 of the Electricity Act, 2003 .

2. As per the case of the prosecution, petitioner M/s. Mahalakshmi Spinners Limited, Panipat was having large supply electricity connection bearing A/c. No. LS-67 with sanctioned contract demand of 898 KVA with Uttar Haryana Bijli Vitran Nigam Limited (for short UHBVN). On 24-1-2006 a raiding party of UHBVN checked the premises of the petitioner. During the said inspection, dishonest use of electricity, theft of electrical lines and material, interference with metering work of license and negligent wasting of electricity were detected by the authorized officer. Seals bearing serial Nos. P-48031 and P-48033 with sealing impression U046 affixed on the back side of CT/PT Chamber door when compared with the original sample seals were found different in shape, size and placement of words. Hence seals affixed on the back side of CT/PT chamber were fake. With these fake seals the measuring CTs and PTs were approachable which ultimately effected the actual energy being recorded by the meter. Hence, it was found to be a case of theft of energy. Accordingly, a request was submitted by Sub-Divisional Officer, Operations, City Sub-Division UHBVN, Panipat to the police requesting for registration of the FIR. On its basis, FIR No. 76 was registered on 30-1-2006 under Sections 135 and 138 of Electricity Act, 2003 .

3. Learned counsel for the petitioners while seeking quashing of the FIR submitted that the Electricity Act, 2003 (hereinafter referred to as the Act) is a complete code in itself. Section 151 of the Act provides the procedure for taking cognizance of the offences relating to theft. For facility of reference, Section 151 reads as under :-

"151. Cognizance of offences - No Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by Appropriate Government or Appropriate Commission or any of their officer authorized by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company, as the case may be, for this purpose."

4. In view of the aforementioned provision it was submitted that the cognizance of the offence could be taken by Court of law only when a complaint is made in writing by an authorized officer. There was no provision in the Act for registration of the FIR. It was further submitted that even if the police files a report under Section 173, Cr. P. C., its cognizance could not be taken by the Court of law as only remedy available under the Act was to entertain a complaint by the authorized officer. Thus, the registration of the FIR in question against the petitioners was not permitted by the law and the same deserves to be quashed.

5. Learned counsel appearing for the respondents submitted that after the registration of the FIR under Sections 135 and 138 of the Act, the police conducted investigation and offence under Section 379, I. P. C. was also added to the same and for that reason alone, the registration of FIR and conducting of investigation thereafter was perfectly in accordance with law as no complaint was required to be filled for the offence under Section 379, I. P. C.

6. Section 135 of the Act provides for punishment for theft of electricity, whereas Section 138 deals with punishment for interference with meters or works of licensee. For facility of reference, provisions of Sections 135 and 138 are reproduced hereinbelow :-

"135. Theft of Electricity : (1) Whoever, dishonestly- (a) taps, makes or causes to be made any connection with overhead, underground or underwater lines or cables, or service wires, or service facilities of a licensee; or

(b) tampers a meter, installs or uses a tampered meter, current reversing transformer, loop-connection or any other device or method which interferes with accurate