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Judgment
C.T. Selvam, J.—The petitioners seek quash of investigation in Crime Nos. 132 of 2006 and 32 of 2007 on the files of the respondent
police, Karaikkal. Such cases have been registered against the petitioners for offences under Sections 379 r/w 34 IPC r/w Section 135 of the
Electricity Act 2003 relating to the alleged theft of electricity. The occurrence of theft is said to be in the year 2006 and FIRs have been registered
by the respondent police on the basis of the complaints received from the Assistant Engineer, Urban, Electricity Department, Karaikkal.
I have heard the rival submissions and perused the materials available on record.
The short point taken in support of the petitions is that Sections 122 - 185 of the Electricity Act came into force on 10.06.2003 and u/s 151 of
the Act, ''No Court shall take cognizance of an offence punishable under this 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. This could bar registration of FIRs on the basis of the complaints by the
respondent police. Further submission is that the amendment whereunder proviso was added to Section 151 of the Act permitting the Court to
take cognizance of an offence punishable under this Act upon a report of a police officer filed u/s 173 of the Code of Criminal Procedure came
into force only on 15.06.2007. As on the date of registration of the case, the respondent police did not have any authority to register the cases.
In view of the above submission, which are found acceptable, the Criminal Original Petitions are allowed. Further investigation in Crime Nos.
132 of 2006 and 32 of 2007 on the files of the respondent police are hereby quashed. Consequently, connected miscellaneous petitions are
closed. However, liberty is reserved for the defacto complainant to proceed afresh in accordance with law.