Case Note & Summary
The appellant, Maharashtra State Electricity Distribution Company Limited, filed an appeal against the order dated 7.7.2006 passed by the 4th Additional Sessions Judge, Akola, in Special Case No.20/2005, whereby the accused (respondent No.2) was discharged. The case arose from FIR No.3085/2005 registered on 30.8.2005 at Borgaon Manju Police Station under Section 135 of the Electricity Act, 2003. The Flying Squad of the appellant inspected a meter (No.129597) on 27.8.2005 at a flour mill occupied by Bhaskar Uttam Gawande (respondent No.2), which was in the name of his deceased father Uttam Bajirao Gawande (who died on 1.5.2005). The meter was found to be not recording 66% of power usage, indicating theft of electrical energy valued at Rs.8,812/-. The complaint was signed by the Deputy Executive Engineer, Flying Squad. The learned Sessions Judge discharged the accused, leading to this appeal. The High Court heard the appellant's counsel and perused the record. The court noted that the respondent No.2 remained absent and respondent No.1 was deleted earlier. The court found that the meter was not transferred to the legal heir despite the consumer's death, and the continued use without transfer constituted unauthorized use. The panchnama and complaint established a prima facie case of theft. The court held that the discharge order was improper and set it aside, remanding the case for trial. The appeal was allowed.
Headnote
A) Criminal Law - Electricity Theft - Unauthorized Use of Meter - Section 135 Electricity Act, 2003 - The appellant challenged the discharge of the accused in a special case for theft of electrical energy. The court held that the use of a meter in the name of a deceased consumer by his legal heir without transferring the connection constitutes unauthorized use and prima facie theft of electricity. The discharge order was set aside and the case was remanded for trial. (Paras 1-3)
Issue of Consideration
Whether the learned Additional Sessions Judge was justified in discharging the accused under Section 135 of the Electricity Act, 2003, despite prima facie evidence of unauthorized use of electricity meter by the legal heir of the deceased consumer.
Final Decision
The appeal is allowed. The impugned order dated 7.7.2006 passed by the learned 4th Additional Sessions Judge, Akola, in Special Case No.20/2005 is set aside. The Special Case No.20/2005 is restored to the file of the learned Additional Sessions Judge, Akola, for trial in accordance with law. The parties are directed to appear before the trial court on 15.3.2010.
Law Points
- Electricity theft
- unauthorized use of electricity
- legal heir liability
- discharge order
- prima facie case
- Section 135 Electricity Act 2003
Case Details
2010 LawText (BOM) (02) 125
Criminal Appeal No. 474/2007
Mr R E Moharir for appellant
Maharashtra State Electricity Distribution Company Limited
Uttam s/o Bajirao Gawande (deleted) and Bhaskar s/o Uttam Gawande
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Nature of Litigation
Criminal appeal against discharge order in a special case for theft of electrical energy under Section 135 of the Electricity Act, 2003.
Remedy Sought
The appellant sought to set aside the discharge order and restore the special case for trial.
Filing Reason
The appellant challenged the legality, propriety, and correctness of the order dated 7.7.2006 passed by the 4th Additional Sessions Judge, Akola, discharging the accused in Special Case No.20/2005.
Previous Decisions
The learned 4th Additional Sessions Judge, Akola, discharged the accused on 7.7.2006 in Special Case No.20/2005.
Issues
Whether the learned Additional Sessions Judge was justified in discharging the accused under Section 135 of the Electricity Act, 2003, despite prima facie evidence of unauthorized use of electricity meter by the legal heir of the deceased consumer.
Submissions/Arguments
The appellant argued that the meter was in the name of the deceased consumer Uttam Bajirao Gawande, and after his death, the legal heir Bhaskar Uttam Gawande continued to use the meter without transferring it, which constitutes unauthorized use and theft of electricity. The panchnama and complaint established a prima facie case.
Ratio Decidendi
The use of an electricity meter in the name of a deceased consumer by his legal heir without transferring the connection constitutes unauthorized use and prima facie theft of electrical energy under Section 135 of the Electricity Act, 2003. The discharge order was improper as there was sufficient material to proceed with trial.
Judgment Excerpts
By this instant Appeal, the appellant has challenged legality, propriety and correctness of the order passed by learned 4th Additional Sessions Judge, Akola, on 7.7.2006 in Special Case No.20/2005 whereby the special case was dismissed and accused was discharged.
It appears that FIR No. 3085 /2005 was reported on 30th August 2005 at Borgaon Manju Police Station Dist. Akola under section 135 of the Electricity Act, 2003.
The meter was not transferred to the respondent Bhaskar Gawande notwithstanding the fact that his father Uttam Bajirao Gawande had left for his heavenly abode on 1.5.2005.
Procedural History
FIR No.3085/2005 was registered on 30.8.2005 under Section 135 of the Electricity Act, 2003. After investigation, a charge sheet was filed before the 4th Additional Sessions Judge, Akola, in Special Case No.20/2005. The learned Sessions Judge discharged the accused on 7.7.2006. The appellant filed Criminal Appeal No.474/2007 before the Bombay High Court, Nagpur Bench, which was allowed on 3.2.2010, setting aside the discharge order and restoring the case for trial.
Acts & Sections
- Electricity Act, 2003: 135
