Special/Add Distt & Sessions Judge Can Take Cognizance Of Offences Under The Electricity Act: Allahabad High Court

The Allahabad High Court has observed that a Special Judge (E.C. Act)/Additional District and Sessions Judge has jurisdiction to take cognizance of offences under the Electricity Act, 2003 notwithstanding Section 193 of CrPC by virtue of Section 153 of the Electricity Act.

The Bench of Justice Rajeev Misra concluded thus while hearing a Section 482 application filed by one Gulfam challenging the charge sheet filed against him under Sections 135-1(A) Electricity Act [Theft of Electricity] and cognizance taking order of the Special Judge (E.C. Act)/Additional District and Sessions Judge, Ghaziabad.

The contentions raised by the Applicant

It was primarily contended by the applicant that by virtue of Section 193 Cr.P.C., Sessions Judge has no jurisdiction to take cognizance directly and that the Sessions Judge can take cognizance only after the case has been committed to the Court of Sessions.

Therefore, it was argued that the Cognizance Taking Order/Summoning Order passed by the court below is not only irregular but illegal. As such, entire proceedings of the above-mentioned Special Sessions Trial are liable to be quashed by the Court.

It was also contended that he has been falsely implicated in the case and the investigation wasn't done properly in the case.

The contentions raised by the Electricity department

Appearing for the Electricity Department, Counsel Pranjal Mehrotra argued that in light of Section 153 of the Electricity Act, 2003, once offence under Electricity Act has been committed, it has to be tried by a Special Judge, especially designated and further, such Special Judge should not be below the rank of Additional District and Sessions Judge.

Regarding Section 193 CrPC, he argued that special law (in the instant case, the Electricity Act) shall over ride the general law (CrPC).

It may be noted that Section 193 of CrPC states that except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.

On the other hand, Section 154 (1) of the Electricity Act, 2003 states that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under 1 [sections 135 to 140 and section 150] shall be triable only by the Special Court (as mentioned u/s 153 Electricity Act) within whose jurisdiction such offence has been committed.

Court's observations 

Having heard the counsel for the applicant, A.G.A. for State, and Pranjal Mehrotra, the counsel for the Electricity Act, 2003, and upon perusal of record, the Court did not find any merit in the application.

In this regard, the Court observed thus as it dismissed the plea:

"...by virtue of section 154 Electricity Act read with sections 193 and 194 Cr.P.C., it is explicitly clear that Special Judge (E.C. Act)/Additional District and Sessions Judge, Ghaziabad had jurisdiction in the matter to take cognizance. As such, the Cognizance Taking Order/Summoning Order dated 05.02.2021 passed by Special Judge (E.C. Act)/Additional District and Sessions Judge, Ghaziabad cannot be said to be illegal or without jurisdiction."

Case title - Gulfam v. State of U.P. and Another
Case citation: 2022 LiveLaw (AB) 15

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