VISHAL AGRAWAL Vs. CHHATTISGARH STATE ELECTRICITY BOARD
LAWS(SC)-2014-1-61
SUPREME COURT OF INDIA
Decided on
January 29,2014
Vishal Agrawal
Appellant
VERSUS
CHHATTISGARH STATE ELECTRICITY BOARD
Respondents
Referred Judgements :-
RANJEET KR. BAG VS. STATE OF WEST BENGAL [REFERRED TO]ASSISTANT ELECTRIAL ENGINEER VS. SATYENDRA RAI AND ANR. [REFERRED TO]
GOPALAKRISHNA MENON VS. D RAJA REDDY [REFERRED TO]
STATE OF PUNJAB VS. RAJ SINGH [REFERRED TO]
M NARAYANDAS VS. STATE OF KARNATAKA [REFERRED TO]
BIMLA GUPTA VS. STATE OF DELHI [REFERRED TO]
ASHISH KUMAR JAIN VS. STATE OF JHARKHAND [REFERRED TO]
BISWANATH PATRA VS. DIVISIONAL ENGINEER [REFERRED TO]
ANJAN DE VS. STATE OF WEST BENGAL [REFERRED TO]
M PARAMASIVAM VS. UNION OF INDIA [REFERRED TO]
CHACKO A K VS. T A MOHANDAS [OVERRULED]
Cited Judgements :-
INDIA GLYCOLS LIMITED & OTHERS VS. UTTARAKHAND ELECTRICITY REGULATORY COMMISSION (UERC) [LAWS(APTE)-2014-10-14] [REFERRED TO]TAMIL NADU ELECTRICITY BOARD VS. T VELLAICHAMY NADAR [LAWS(MAD)-2018-1-146] [REFERRED TO]
BABLU VS. STATE OF BIHAR [LAWS(PAT)-2021-4-39] [REFERRED TO]
K.R.RAMESH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KER)-2020-6-236] [REFERRED TO]
ABDUL KHADER AND ORS. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2014-12-140] [REFERRED TO]
BABLU @ RAJESH KUMAR AND ANOTHER VS. STATE OF BIHAR AND OTHERS [LAWS(PAT)-2015-8-196] [REFERRED TO]
BABLU AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2020-7-8] [REFERRED TO]
ASHOK GARG VS. STATE [LAWS(ALL)-2017-4-231] [REFERRED TO]
FALGUN KUMAR NOATIA VS. STATE OF TRIPURA [LAWS(TRIP)-2014-6-24] [REFERRED TO]
ZAID PATHAN AND ORS. VS. STATE OF M.P. [LAWS(MPH)-2020-12-37] [REFERRED TO]
K V SHEKAR VS. STATE OF KARNATAKA [LAWS(KAR)-2019-2-265] [REFERRED TO]
MUKESH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-8-136] [REFERRED TO]
UNION OF INDIA VS. MUSTAQ @ MUSTAFA & ORS. [LAWS(SC)-2016-6-47] [REFERRED TO]
RANDHIR SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-10-68] [REFERRED TO]
MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN COMPANY LTD VS. KALYAN SINGH CHAUHAN [LAWS(MPH)-2014-12-105] [REFERRED TO]
DHANABHAI NARSINHBHAI MITHAPARA VS. STATE OF GUJARAT [LAWS(GJH)-2019-7-217] [REFERRED TO]
MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN COMPANY LTD. VS. RAMSWAROOP KUSHWAH [LAWS(MPH)-2015-1-30] [REFERRED TO]
LAKHIMPUR KRISHI UDYOG (P) LTD VS. ASSAM POWER DISTRIBUTION COMPANY LTD [LAWS(GAU)-2018-8-39] [REFERRED TO]
SATYABIR GOYAL AND ORS. VS. DAKSHIN HARYANA BIJLI VITRAN NIGAM AND ORS. [LAWS(P&H)-2015-10-180] [REFERRED TO]
SENTHIL KUMAR VS. STATE OF KERALA [LAWS(KER)-2014-10-257] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)A pure question of law which arises for consideration is: 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. To answer this question, scope and interpretation of Section 151, as it stood prior to the amendment, also needs to be considered. This issue has arisen in the following set of facts:
(3.)The respondent, viz. Chhattisgarh State Electricity Board (hereinafter to be referred as the 'Board') is the supplier of electricity in the State of Chhattisgarh. The appellants are the consumers of the Electricity and getting supply thereof through the Electricity connection provided by the Board. As per the Board, the appellants were found committing theft of the electricity which was revealed on 23.3.2006 when the Electricity meter of the appellant was inspected by the Inspection Team of the Board. It transpired that instead of the approved 55.204 KW, the appellants were using load of 59.810 KW and the meter was also tampered with. The Board made a complaint to the Station House Officer (SHO), Police Station, Civil Lines, Bilaspur. On the aforesaid allegations with request to the SHO to register a FIR against the appellants on the basis of a complaint dated 30.3.2006, the FIR was registered by the SHO on 31.3.2006 being FIR No. 227 of 2006 under Section 135/126 of the Act. After investigating into the matter, officer in-charge of the Police Station filed the challan before the Special Judge, Bilaspur who passed orders dated 30.6.2006 taking cognizance of offence under the aforesaid provisions of the Act.
(2.)A pure question of law which arises for consideration is: 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. To answer this question, scope and interpretation of Section 151, as it stood prior to the amendment, also needs to be considered. This issue has arisen in the following set of facts:
(3.)The respondent, viz. Chhattisgarh State Electricity Board (hereinafter to be referred as the 'Board') is the supplier of electricity in the State of Chhattisgarh. The appellants are the consumers of the Electricity and getting supply thereof through the Electricity connection provided by the Board. As per the Board, the appellants were found committing theft of the electricity which was revealed on 23.3.2006 when the Electricity meter of the appellant was inspected by the Inspection Team of the Board. It transpired that instead of the approved 55.204 KW, the appellants were using load of 59.810 KW and the meter was also tampered with. The Board made a complaint to the Station House Officer (SHO), Police Station, Civil Lines, Bilaspur. On the aforesaid allegations with request to the SHO to register a FIR against the appellants on the basis of a complaint dated 30.3.2006, the FIR was registered by the SHO on 31.3.2006 being FIR No. 227 of 2006 under Section 135/126 of the Act. After investigating into the matter, officer in-charge of the Police Station filed the challan before the Special Judge, Bilaspur who passed orders dated 30.6.2006 taking cognizance of offence under the aforesaid provisions of the Act.
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