- (1.) Heard learned Counsel for the applicant, learned A.G.A. and perused the material on record.
(2.) Being an accused the prayer made by the applicant in the instant Crl. Misc. Application is to quash charge sheet dated 30.4.2009 vide Crime No. 555 of 2009 which has resulted in registration of Case No. 13 of 2010, State v. Mahendra, and Anr. in the court of Special Judge, E.C. Act, Budaun, under Sections 188, 268 I.P.C. and Section 135 Indian Electricity Act, P.S. Civil Line, District Budaun.
(3.) Under the scheme of Electricity Act 2003, (hereinafter referred to as the Act), Section 151 provides as follows: Cognizance of offences.- No court shall take cognizance of an offence punishable under the Act except upon a complaint in writing made by Appropriate Government or Appropriate Commission or any of their officer authorised by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company, as the case may be, for this purpose: [Provided that the court may also take cognizance of an offence punishable under this Act upon a report of a police officer filed under Section 173 of the Code of Criminal Procedure, 1973: Provided further that a special court constituted under Section 153 shall be competent to take cognizance of an offence without the accused being committed to it for trial.];