2010 Supreme(All) 2437

[2010(9) ADJ 10 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : VINOD PRASAD, J.
MAHENDRA KUMAR AND ANOTHER ....Applicants
Versus
STATE OF U.P. AND ANOTHER ....Opposite Parties
(Criminal Misc. Application No. 23734 of 2010, decided on 28th July, 2010)

Headnote:(Indian) Electricity Act, 2003 (As Amended in 2007)—Sections 135, 151, 151-A read with Section 151-B, 155, 14, 2(39) and 14—Criminal Procedure Code, 1973—Sections 482, 153, 154,190, 195 and 173—(Indian) Penal Code, 1860—Sections 188 and 268—Charge-sheet—Quashing of—Electricity theft—Complaint—Cognizance of offence taken—Sustainability of—Section 151 of Act does not prohibit lodging of an FIR by an individual person—Taking cognizance of an offence and lodging of an FIR are different legal formalities altogether—Section 151 of Act cannot be an impediment to over ride Section 154 of Cr.P.C.—No illegality in taking cognizance of offence—Award prosecution under Section 135 of Act cannot be quashed.

       Application Dismissed.