- (1.) THIS application is directed against an order whereby the learned Judge, Special Court, under the Electricity Act rejected the petitioner's application under Section 157 of the Indian Electricity Act, 2003.
(2.) HEARD the learned Counsel appearing on behalf of the petitioner. Perused the impugned order as well as the other materials on record. It appears from the record that on 17th of March, 2005 a case under Section 134(1)(b) of the Electricity Act was registered against the petitioner on the allegation that on a surprised raid it was found that the petitioner was drawing electricity from a meter which was earlier disconnected and in connection with which a case for an offence punishable under Section 138(1)(b) of the Indian Electricity Act is pending.
(3.) THE investigation of the criminal case, out of which the application for review under Section 157 of the Indian Electricity Act, 2003 arose, has already ended in charge sheet and only thereafter the petitioner filed the above application for review under Section 157. The said provision is reproduced below: "157. Review The Special Court may, on a petition or otherwise and in order to prevent miscarriage of justice, review its judgment or order passed under Section 154, but no such review petition shall be entertained except on the ground that it was such order passed under a mistake of fact, ignorance of any material fact or any error apparent on the face of the record. Provided that the Special Court shall not allow any review petition and set aside its previous order or judgment without hearing the parties affected." It appears that review was sought for only on the ground that taking cognizance of an offence punishable under the Electricity Act by the learned Judge, Special Court, under the Electricity Act is wholly illegal and without jurisdiction because according to the provisions as was prevalent at the time of commission of the offence taking cognizance of such offence was only permissible on a complaint made to the Court by an authorized officer and not on a police report. It is further contended the amended provisions of the Electricity Act whereby the Special Court is now empowered to take cognizance on a police report was enacted long after the commission of the alleged offence and as such in the case in hand the Special Court is not authorized to take recourse to that.;