The absence of prescribed units for electricity in the relevant rules prohibits mandatory verification of electricity meters, thus justifying dismissal of cognizance.

ORDER :

Petitioner has filed this petition under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 (old Section 482 of Code of Criminal Procedure) challenging order dated 25.08.2014 passed in Criminal Revision No. 160/2006 by Additional Judge to the Court of 1st Additional Session Judge, Tikamgarh, by which order passed by Judicial Magistrate First Class, Tikamgarh dated 22.06.2006 was upheld and revision was dismissed.

2. Brief facts of the case is that a complaint is filed by one Nirmal Lohia, who is President of Nagrik Upbhokta Margdarshak Manch, Tikamgarh, against Dinesh Kumar Sharma, Assistant Engineer, Madhya Pradesh Rajya Vidyut Mandal, Tikamgarh and R.N. Mishra, Secretary, Madhya Pradesh Rajya Vidyut Mandal, Shakti Nagar, Rampur, Jabalpur. It was stated in complaint that Standards of Weights and Measures (Enforcement) Act, 1985 was made effective from 04.09.1985. Exercising power under Section 72 of said Act, Government of Madhya Pradesh has enacted Madhya Pradesh Standards of Weights and Measures (Enforcement) Rules, 1989. Said Rules were brought into effect from 09.02.1989. It is submitted that as per said Rules, there has to be periodical verification of weights and measures. Every weight and measure has to be verified at least once in a year as per Rule 14. The person who is using weights and measures in any transaction or in any industrial production shall produce the same before Inspector for verification. Under Rule 15, Inspector shall verify such weights and measures. Fee for stamping and verification is provided in Rule 17. It is submitted that electricity meters are being installed contrary to Rules of 1989, which is punishable under Sections 37 , 38, 39, 42, 45, 47 read with Section 61 of Act of 1985. Complaint was supported by an affidavit of complainant. Preliminary statement of complainant and witnesses was recorded. Judicial Magistrate First Class, Tikamgarh dismissed the complaint on ground that in Schedule XII, Entry No. 14, electricity meter is mentioned and fee for stamping is prescribed Rs. 15/-, however, in Schedule IV, no measure of electricity is mentioned. In these circumstances, stamping of meter is not mandatory under the Rules of 1989. Therefore, cognizance was not taken and complaint was dismissed. Said order was challenged before Sessions Court in Criminal Revision No. 160/2006. Additional Sessions Judge dismissed the revision on ground that no technical report is filed that Rules are not followed and further there is no illegality or irregularity in the findings given by the Judicial Magistrate First Class.

3. Counsel appearing for petitioner submitted that Courts below had committed illegality in not taking cognizance of offences. Reason for rejecting the complaint has not been mentioned by Magistrate. There was violation of Rules of 1989, therefore, cognizance ought to have been taken.

4. Government Advocate appearing for respondent No.1/State supported the orders, which have been passed by the Judicial Magistrate First Class and the revisional Court.

5. Heard the counsel for the parties.

6. Schedule XII is created under Rule 17, which prescribes fee for verification and stamping. Fees of Rs. 10/- is prescribed for each electricity meter for stamping. Rule 11 of Madhya Pradesh Weights and Measures (Enforcement) Rules, 1989 is quoted as under :-

"11. Use of weights only or measures only or number only in certain cases.- Except in the cases of commodities specified in Schedule IV, the declaration of quantity in every transaction, dealing or contract, or for industrial production or for protection shall be in terms of the unit of-

(a) weight, if the commodity is solid, semi-solid, viscous or a mixture of solid and liquid