S.P.Talukdar, J. - (1.) The present case arises out of a reference under section 395(2) of the Criminal Procedure Code made by learned Additional District & Sessions Judge-cum-Judge, Special Court, Tamluk, Purba Midnapore.
(2.) The backdrop of the present reference may briefly be sated as follows: On the basis of written information given by the Superintendent of Moyna Group Electric Supply on 27th January, 2004, police authority started a case under section 135 of the Electricity Act, 2003 read with section 379 of the Indian Penal Code, being Sessions Case No.(E) 5(2) 2004. It was alleged that on 21.01.2004, one Netai Maity was found tapping energy dishonestly from incoming terminal point of meter installed by the West Bengal State Electricity Board in the premises of the said person. Police after completion of investigation submitted report under section 173 of the Code of Criminal Procedure. Learned Sub-divisional Judicial Magistrate transferred the said case to the said Learned Court of Special Judge as the former held that it had no jurisdiction to try the case under the Electricity Act, 2003.
(3.) Learned Special Judge while referring the matter under section 395(2) of the Criminal Procedure Code narrated the entire background of the case and sought for decision on the two issues which are set out as follows : i) Can the Special Court constituted under section 153 of the Electricity Act, 2003 take cognizance of offences punishable under the said Act on the basis of police report submitted under section 173 of Cr. PC ? ii) Can the police authority invoke provision of section 379 of Indian Penal Code along with section 135 of the Electricity Act, 2003 for registration of FIR with regard to theft of electricity?;