Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.482 – Quashing of criminal proceedings Electricity Act 2003 s.193 Cr.P.C s.151 and its proviso |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Electricity Act, 2003 (36 of 2003) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 – Quashing of criminal proceedings against respondent no.1 under the Electricity Act – The Electricity Department inspected the premises of consumer- respondent no.1 and found meter tampered – The said meter was replaced with another meter and earlier meter sent for examination which on examination was found to be tampered – Loss assessed at Rs.6.28 lacs – Case of appellant that offence committed by respondent no.1 was second offence and the first offence registered against respondent no.1 was compounded – Complaint registered under s.135 of 2003 Act – Special Court took cognizance of case under s.151 of the 2003 Act – Petition for quashing the proceedings filed on the ground that the Special Court took cognizance without any order of committal and the same was in violation of s.193 Cr.P.C. – High Court allowed the petition and quashed the proceedings – On appeal, held: Second proviso to s.151 of the 2003 Act specially empowers the Special Court constituted under s.153 of the 2003 Act to take cognizance of an offence without the accused being committed – In view of the specific provision under s.151 of the 2003 Act, Special Court is empowered to take cognizance without there being an order of committal as contemplated under s.193, Cr.P.C. – High Court did not consider the said proviso to s.151 while passing the impugned order – The impugned order is set aside – Electricity Act, 2003 – s.151 and its proviso, s.193. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2019 INSC 795 |
Petitioner | Sri A.m.c.s. Swamy Ade/dpe/hyd (central) |
Respondent | Mehdi Agah Karbalai & Anr. |
SCR | [2019] 9 S.C.R. 695 |
Judgement Date | 2019-07-23 |
Case Number | 1102 |
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