Vishal Agrawal & Anr. Vs. Chhattisgarh State Electricity Board & Anr.
Electricity – Cognizance on Police Report
Criminal Appeal No.275 of 2014 [Arising out of Special Leave Petition (Criminal) No. 4857 of 2008]-Decided on 29-1-2014.
whether the amendment in Section 151of the Electricity Act, 2003 (hereinafter referred to as the Act] which empowers the Court to take cognizance of an offence upon a report made by the police under Section 173 of the Code of Civil Procedure [hereinafter referred to as the Code], would be applicable to the pending complaints filed before the aforesaid amendment….. The High Court has by impugned order dated 26.2.2008, reversed the orders of the Special Judge holding that as per Rule 12 of Chhattisgarh State Electricity Rules, the police has been authorized by the Central Government to forward the complaint received by the officers authorized under Section 151 of the Electricity Act to the concerned Court and, therefore, the complaint was validly instituted. …. we are of the opinion that the respondent’s Counsel is right in his submission that if the offence under the Code is cognizable, provisions of Chapter XII containing Section 154 Cr.P.C. and onward would become applicable and it would be the duty of the police to register the FIR and investigate into the same…read more
