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RAJEEV MISRA
Gulfam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Mr. Indra Deo Mishra, the learned counsel for applicant, the learned A.G.A. for State and Mr. Pranjal Mehrotra, the learned counsel representing opposite party-2.
2. Perused the record.
3. This application under section 482 Cr.P.C. has been filed challenging Charge-Sheet dated 02.02.2021 submitted in Case Crime No.4388 of 2020 under sections 135-1(A) Electricity Act, Police Station- Anti Power Theft Ghaziabad, District- Ghaziabad as well as entire proceedings of S.S.T. No.152 of 2021 (State Vs. Gulfam) under section 135-1(A) Electricity Act, Police Station- Anti Power Theft Ghaziabad, District- Ghaziabad arising out of aforementioned case crime number and now pending in the court of Special Judge (E.C. Act)/Additional District and Sessions Judge, Ghaziabad.
4. Record shows that in respect of an incident, which is alleged to have occurred on 26.12.2020, a delayed F.I.R. dated 28.12.2020 was lodged by first informant/opposite party-2- Umesh Kumar Gupta (Junior Engineer) and was registered as Case Crime No.4388 of 2020 under sections 135-1(A) Electricity Act, Police Station- Anti Power Theft Ghaziabad, District- Ghaziabad. In the aforesaid F.I.R., applicant- Gulfam has
The jurisdiction of the Special Judge and the sufficiency of grounds for proceeding against the accused were central to the court's decision.
The Special Court can take cognizance directly for offences under the Electricity Act and also under the Indian Penal Code, thereby avoiding the possibility of facing two trials by the accused for si....
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....
Section 135 of 2003 Act deals with an offence of theft of electricity and penalty that can be imposed for such theft. This squarely falls within dimensions of criminal jurisprudence and mens rea is o....
The main legal point established in the judgment is the importance of a speedy trial as a fundamental right under Article 21 of the Constitution of India, and the application of limitation periods fo....
The determination of civil liability under Section 154 (5) of the Electricity Act is independent of the criminal proceeding and should be dealt with separately by the Special Court.
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