HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU Criminal Petition Nos. 7776 of 2007 and 4318 of 2008 Date: 15-07-2010 Between: Gunda Damodhar and others ………. Petitioners and The State rep. by the Public Prosecutor and another …………. Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU Crl.P.Nos. 7776 of 2007 and 4318 of 2008 COMMON ORDER: Common question of law arises for consideration in these two Criminal Petitions. The petitioners in both the petitions are accused of offence punishable under Section 138 of the Electricity Act, 2003 for power theft. The petitioners question 1) investigation by the police officer and filing of charge sheet by the police officer, and 2) non-committal of the case to the Special Court by the Magistrate and taking cognizance of the charge sheet for the said offence by the Special Court directly. It is contended by the petitioners’ counsel that proviso to Section 151 of the Electricity Act was introduced for the first time under the Electricity (Amendment) Act, 2007 which came into force with effect from 15-06-2007 and that therefore investigation by the police officer, filing final report by the police officer and taking cognizance by the Special Court are not in accordance with law. Criminal Petition No.4318 of 2008 is filed for quashing proceedings in Special C.C.No.16 of 2007 on the file of the Special Judge under Indian Electricity Act-cum-First Additional Sessions Judge, Adilabad. Criminal Petition No.7776 of 2007 is filed for quashing proceedings in Special C.C.No.15 of 2007 on the file of the Special Judge under Indian Electricity Act-cum-First Additional Sessions Judge, Adilabad. In Special C.C.No.16 of 2007, charge sheet dated 17-09-2007 was filed in the lower Court on the same day and it was taken on file by the lower Court on 22-09-2007. Thus both filing of charge sheet as well as taking cognizance of the same by the lower Court were subsequent to the Electricity (Amendment) Act, 2007 came into force. Therefore, there is nothing illegal in the second respondent filing charge sheet and in the lower Court taking cognizance of the same. Insofar as Special C.C.No.15 of 2007 is concerned, no material is produced by the accused as to the date when the charge sheet/final report was filed by the second respondent in the lower Court and the date on which the Special Court took cognizance of the same. No doubt Section 155 of the Electricity Act empower the Special Court with that of a Court of Session. Having regard to amendment introduced to Section 151 of the Electricity Act incorporating proviso, this Court is of the opinion that after Amendment Act of 2007 came into force, the lower Court has got power to take cognizance of the offence covered by the charge sheet directly and even without committal. Hence, I find no merits in these two Criminal Petitions. Accordingly, both the Criminal Petitions are dismissed. ___________________________ SAMUDRALA GOVINDARAJULU ,J Date: 15-07-2010 YCR