IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.03.2010 CORAM: THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.Nos.22302 of 2006 and 6482 of 2007 & M.P. No. 1 of 2006 & M.P. No. 1 of 2007 1. M/s. Kumaran Chemicals (P) Ltd., Rep. by its Managing Partner D. Thillairaj North Vanjore T.R. Pattinam, Karaikkal 2. P. Ganapathy .. Petitioners in Crl.O.P. No. 22302 of 2006 1. Thillairaj 2. Umasankar 3. Selvaraj .. Petitioners in Crl.O.P. No. 6482 of 2007 Versus Government of Pondicherry Rep. by The Inspector of Police T.R. Pattinam Police Station Karaikkal. .. Respondent in both the petitions Prayer: Petitions filed under Section 482 Cr.P.C seeking for a direction to call for the records relating to Crime Nos. 132 of 2006 and 32 of 2007 on the files of the respondent police and quash the same. For Petitioners : Mr.K. Seshadri For Respondent : Mr.A.S. Bharathi Government Advocate(Pondicherry) ***** C O M M O N O R D E R 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 https://hcservices.ecourts.gov.in/hcservices/ 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. 2. I have heard the rival submissions and perused the materials available on record. 3. The short point taken in support of the petitions is that Sections 122 to 185 of the Electricity Act came into force on 10.06.2003 and under Section 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 under Section 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. 4. 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. ar Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Inspector of Police T.R. Pattinam Police Station, Karaikkal. 2. The Public Prosecutor(Pondicherry), High Court, Madras + 2 ccs to Mr.K.Seshadri, Advocate SR No.18522 MSM(CO)SR/5.4.2010 Crl.O.P.Nos.22302 of 2006 and 6482 of 2007 https://hcservices.ecourts.gov.in/hcservices/