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VIVEK RUSIA, AMAR NATH (KESHARWANI)
IN RE. SPECIAL JUDGE (ELECTRICITY ACT) NO. 5, INDORE – Appellant
Versus
. – Respondent
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
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