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VIVEK RUSIA, AMAR NATH (KESHARWANI)
In Re : Special Judge (Electricity Act) No. 5, Indore (M. P. ) – Appellant
Versus
. – Respondent
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 t
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....
The Special Court under the Scheduled Castes and Scheduled Tribes Act cannot take direct cognizance of offences under the IPC without prior committal by a Magistrate, aligning with the hierarchy of c....
The jurisdiction of the Special Judge and the sufficiency of grounds for proceeding against the accused were central to the court's decision.
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....
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