Section 135, 138 and 151 of the Electricity Act, 2003 – Offences could not be invested by the police and no cognizance can be taken on the charge-sheet filed by the police officer.

Section 135, 138 and 151 of the Electricity Act, 2003 – Offences could not be invested by the police and no cognizance can be taken on the charge-sheet filed by the police officer.

The complainant MSDCL filed the revision against the acquittal order of respondent no.2 in respect of dishonest electricity abstraction.

Section 135 of the Electricity Act, 2003, provide for offence of dishonest electricity abstraction and section 138 is an offence in respect of interference with meters or works of licensee.  The offences are non-cognizable,

Section 151 provides that no cognizance of an offence shall be taken except on a complaint of the authorised officer.

The Magistrate is not competent to take cognizance when accused was charge-sheeted by the police officer.

HELD that the police ought to have followed the provisions under Section 255(2) of the Code of Criminal Procedure instead of filing charge-sheet based on its own investigation.   Thus, the acquittal by the Sessions Court was upheld.

Judgment dated 3.10.2023 in Criminal Revision Application NO.358 of 2005 of Maharashtra State Distribution Co Ltd Vs. State of Maharashtra and another.