2010 (11) TMI 1124 - SC - Indian Laws

Summary

Issues involved: Challenge to quashing of FIR u/s 151 of Electricity Act, 2003 and interpretation of amended Section 151.

The judgment pertains to a case where a first information report (FIR) was quashed by the High Court under Section 151 of the Electricity Act, 2003. The FIR was filed for theft of electricity u/s 39/44 of the Electricity Act, 1910. The Respondent argued that only a private complaint could be filed u/s 151 of the Act, not a police case. The High Court accepted this argument, holding that the FIR was not in accordance with the law. The Supreme Court disagreed, stating that the High Court misconstrued the provision. The Court noted that the definition of "theft" of electricity in Section 135 of the Act was reported in the FIR. The Court highlighted the proviso added to Section 151 by an amendment in 2007, allowing the police to investigate and prosecute such offences. The Court clarified that the amendment was clarificatory and retrospective, encompassing pending matters. The Court also pointed out the relevance of the First Schedule of the Code of Criminal Procedure, which makes FIRs acceptable for police investigation and court cognizance in certain cases. Ultimately, the Supreme Court set aside the High Court's order, allowing the FIR to be investigated and a police report to be entertained by the criminal court. The appeal was allowed, and the petition filed before the High Court was dismissed.