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High Court of Madhya Pradesh
Vivek Rusia, Amar Nath (Kesharwani), JJ.
IN RE. SPECIAL JUDGE (ELECTRICITY ACT) NO.5, INDORE – APPELLANT
Versus
. – RESPONDENT
CRRF No. 1 of 2012
Decided On : 26-02-2022
Electricity Act - Jurisdiction of Special Court - Sections 136, 151, 153, 154, 155 - The court discussed the provisions of the Electricity Act, particularly the jurisdiction of the Special Court, the procedure for taking cognizance of offences, and the powers of the Special Court. The court clarified that 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 similar offences committed in the same transaction.
Fact of the Case:
The police registered a criminal case against the accused under section 279 and 427 of the Indian Penal Code and under section 139 of the Electricity Act. The Special Judge made a reference to the High Court regarding legal issues related to filing charge-sheets, jurisdiction of the Special Court, and possibility of conflicting verdicts.
Finding of the Court:
The court clarified that 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 similar offences committed in the same transaction.
Issues: Legal issues related to filing charge-sheets, jurisdiction of the Special Court, and possibility of conflicting verdicts.
Ratio Decidendi: The court clarified the jurisdiction of the Special Court and the procedure for taking cognizance of offences under the Electricity Act, emphasizing that the Special Court can take cognizance directly for offences under the Electricity Act and also under the Indian Penal Code.
Final Decision: The reference is answered, and a copy of the order is to be sent to the Principal District Judge Indore. The trial has already been concluded, and the accused was convicted under section 139 of the Electricity Act.
Certainly. Based on the provided legal document, here are the key points:
The Special Court has the authority to take cognizance directly for offences under the Electricity Act as well as under the Indian Penal Code, which helps prevent the accused from facing multiple trials for the same transaction (!) (!) .
The provisions of the Electricity Act specify that offences related to theft of electricity and related materials are triable by the Special Court, which is constituted to provide speedy trials for such offences (!) (!) .
The Special Court, once constituted, functions with powers equivalent to those of a Court of Session, and proceedings before it are governed by the Criminal Procedure Code insofar as they are not inconsistent with the Electricity Act (!) .
The law mandates that cognizance of offences under the Electricity Act can be taken either upon a complaint in writing filed by authorized officers or upon a police report, with specific provisions allowing the Special Court to take cognizance without the necessity of prior committal proceedings (!) (!) .
When offences under multiple laws are involved in a single transaction, the law permits trying all such offences in a single trial, provided the Court has jurisdiction to do so, thereby avoiding multiple proceedings (!) (!) .
The provisions of the Criminal Procedure Code, particularly sections related to trial for multiple offences and trial by Sessions Court, support the view that a person can be tried for different offences arising from the same transaction in a single trial, preventing conflicting verdicts (!) (!) .
The possibility of conflicting verdicts or dual jurisdiction for the same offence is mitigated by the law allowing the Special Court to take cognizance directly for offences under the Electricity Act and related offences under the IPC, and by the provisions of the Criminal Procedure Code permitting trial for multiple offences in a single proceeding (!) (!) .
The order concludes that the trial in the case has already been completed, with the accused convicted under the relevant section of the Electricity Act, and the reference to the High Court has been properly answered (!) .
Please let me know if you need a detailed analysis or assistance with drafting a legal document based on these points.
ORDER/JUDGMENT VIVEK RUSIA, J. : – Shri Avinash Sirpurkar learned Sr. Advocate and Shri Vivek Singh, Advocate, amicus curiae. The present reference is registered under section 395 of the Criminal Procedure Code on a letter dated 2-3-2012 whereby the District and Sessions Judge, Indore has forwarded a request for reference submitted by the Special Judge (Electricity Act) No. 5, Indore.
2. The facts of the case which have resulted in sending the present reference to this Court are as under :
3. Police Station Bhanwarkua, Indore registered Crime No. 1025/2011 under section 279 and 427 of the Indian Penal Code and under section 139 of the Electricity Act, 2003 against accused Raju Chauhan. After investigation, a charge-sheet was filed before the Court of Judicial Magistrate, First Class (JMFC), Indore which was registered as Cr. Case No. 28906/2011. Since the offence under section 139 of Electricity Act, 2003 is liable to be tried by a Special Judge appointed under the Electricity Act, 2003, therefore, the concerned JMFC has transferred the aforesaid case under section 154(2) of Electricity Act, 2003 to the Special Court. The Special Judge took the cognizance of the offence only under sec 139 of the Electricity Act only in Special Case No. 2007/2012. The Special Judge thought that being Additional Session Judge, performing the duties of learned Special Judge, he cannot try the accused under section 279 and 427 of the Indian Penal Code without committal, hence has made the present reference to this Court. Learned Special Judge (Electricity Act) has sent the following legal issues by way of this reference :
“(1) should the police file single charge-sheet or separate charge-sheets (if a single charge-sheet is filed whether a special Court can take direct cognizance or cognizance after committal proceedings); (2) should the accused be subjected to different jurisdictions (Spl. Court and magistrate Court) for same or similar offences committed in the course of same transaction. (3) how to negate the possibility of conflicting vedict for same or similar offence committed in the course of same transaction.” *****
4. Vide order dated 10-7-2018 this Court has appointed Shri S. K. Vyas, and Shri Avinash Sirpurkar, Senior Advocates and Shri Vivek Singh Advocate to assist this Court in the matter.
5. Chapter XIV of the Electricity Act, 2003 deals with the offences and penalties relating to the theft of electricity as defined under section 135 of the Act. Section 151 provides, 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 officers authorised, etc. However, the Court may also take cognizance of an offence punishable under this Act on a police complaint filed under section 173 of the Criminal Procedure Code section 153 provides the constitution of special Courts. The State Government to provide speedy trial of offences referred to in sections 135 to 140 and section 150 by notification in the Official Gazette, may constitute as many special Courts as may be necessary for such area. As per sub-section (3) of section 153, a person shall not be qualified for appointment as a Judge of a Special Court unless he was immediately before such appointment, an Additional District Judge and Sessions Judge. Section 154 provides the procedure and power of the Special Court to try the offence under section 135 to 140 and section 150 of the Electricity Act. Section 155 provides that the provisions of the Criminal Procedure Code insofar as they are not inconsistent with the provisions of the Electricity Act shall apply to the proceedings before the Special Court. Thereafter, section 156 provides the remedy of appeal and revision to the High Court against the order passed by the Special Court. For ready reference sections 136, 151, 153 and 155 of the Electricity Act are reproduced below :
“Section 136. (Theft of electric lines and ma
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