The main legal point established in the judgment is the power of the Special Court to take cognizance of offences under the Electricity Act without the accused being committed to it for trial, as provided in Section 151, and the applicability of the Code of Criminal Procedure to the proceedings before the Special Court.

JUDGMENT

Vivek Rusia, J. - The present reference is registered u/s. 395 of the Cr.P.C. on a letter dated 2.3.2012 whereby the District & Sessions Judge, Indore has forwarded a request for reference submitted by the Special Judge (Electricity act) No.5, Indore.

The facts of the case which have resulted in sending the present reference to this Court are as under :

Police Station Bhanwarkua, Indore registered Crime No.1025/2011 u/s. 279 and 427 of the IPC and u/s. 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 u/s. 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 u/s. 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 u/s. 279 and 427 of the IPC 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 chargesheet or separate chargesheets (if a single chargesheet is filed whether a special court can take direct cognizance or congizance 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.'

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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.

Chapter XIV of the Electricity act, 2003 deals with the offences and penalties relating to the theft of electricity as defined u/s. 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 u/s. 173 of the Cr.P.C. 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 u/s. 135 to 140 and Section 150 of the Electricity act. Section 155 provides that the provisions of the Cr.P.C. 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 & 155 of the Electricity act are reproduced below :

'Section 136. (Theft of electric lines and materials): --- (1) Whoever, dishonestly -

(a) cuts or removes or takes way or transfers any electric line, material or meter from a tower, pole, any other installation or place of installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked,