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IN THE HIGH COURT OF ALLAHABAD
RAJEEV MISRA, J.
Gulfam – Appellant
Versus
State of U.P. and Another – Respondent
Application U/S 482 No.14329 of 2021
Decided on : 10-01-2022
Electricity Act - Challenge to Charge-Sheet and Proceedings - Section 135-1(A) - [135-1(A) Electricity Act] - The court discussed the jurisdiction of the Special Judge, the sufficiency of grounds for proceeding against the accused, and the legal principles regarding the issuance of process against the accused. The court found that the Special Judge had jurisdiction to take cognizance and that there was sufficient ground to proceed against the accused. The application challenging the charge-sheet and proceedings was dismissed.
Fact of the Case:
The applicant challenged the Charge-Sheet dated 02.02.2021 and the entire proceedings of S.S.T. No.152 of 2021 (State Vs. Gulfam) under section 135-1(A) Electricity Act, alleging false implication and irregularities in the investigation and court orders.
Finding of the Court:
The court found that the Special Judge had jurisdiction to take cognizance and that there was sufficient ground to proceed against the accused. The application challenging the charge-sheet and proceedings was dismissed.
Issues: Jurisdiction of the Special Judge, sufficiency of grounds for proceeding against the accused, irregularities in the investigation and court orders.
Ratio Decidendi: The court applied the legal principles regarding the issuance of process against the accused and the jurisdiction of the Special Judge to determine the sufficiency of grounds for proceeding against the accused.
Final Decision: The application challenging the charge-sheet and proceedings was dismissed.
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 been nominated as solitary named accused.
5. According to the prosecution story as unfolded in the F.I.R., it is alleged that on 26.12.2020, first informant along with others conducted checking of the premises of petitioner and found that electricity theft was being committed.
6. Investigating Officer, thereafter proceeded with the statutory investigation of aforementioned case crime number in terms of Chapter XII Cr.P.C. During course of investigation, Investigating Officer examined various witnesses and also collected certain documents. On the basis of above, complicity of present applicant was found to be established in the crime in question by Investigating Officer. Accordingly, Investigating Officer submitted a Charge-Sheet dated 02.02.2021, whereby applicant has been charge-sheeted under section 135-1(A) Electricity Act.
7. Upon submission of aforesaid charge-sheet, cognizance was taken upon same by court concerned i.e. Special Judge (E.C. Act)/Additional District and Sessions Judge, Ghaziabad vide Cognizance Taking Order dated 05.02.2020. Aforesaid order is contained in the charge-sheet, certified copy of which has been brought on record as Annexure-3 to the affidavit filed in support of application under section 482 Cr.P.C.
8. As a result of above, 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. Subsequently, vide separate order dated 05.02.2021 passed on the order-sheet Special Judge (E.C. Act)/Additional District and Sessions Judge, Ghaziabad took cognizance and simultaneously summoned the applicant in aforementioned Special Sessions Trial.
9. Feeling aggrieved by the charge-sheet dated 02.02.2021 and entire proceedings of consequential 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, now pending in the court of Special Judge (E.C. Act)/Additional District and Sessions Judge, Ghaziabad, applicant has now approached this Court by means of present application under section 482 Cr.P.C.
10. Mr. Indra Deo Mishra, learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in aforementioned case crime number. Allegations made in F.I.R. are false and concocted. No theft of electricity has been committed by applicant. Investigating Officer has not conducted free and fair investigation. As such, investigation is not impartial. Investigating Officer has acted as an agent of prosecution. Resultantly, charge-sheet is tainted. Cognizance Taking Order/Summoning Order passed by court below is cryptic as same is devoid of reasons. It is also submitted that by virtue of section 193 Cr.P.
The jurisdiction of the Special Judge and the sufficiency of grounds for proceeding against the accused were central to the court's decision.
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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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