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Supreme Court of India 2019-07-23 allowed

SHRI A.M.C.S SWAMY ADE/DPE/HYD (CENTRAL) vs MEHDI AGAH KARBALAI

Bench: 3 — Chief Justice, R. Subhash Reddy, B.R. Gavai

In Brief

A power distribution officer challenged the High Court's quashing of proceedings against an electricity consumer accused of meter tampering. The core issue was whether a Special Court under the Electricity Act, 2003 could take cognizance without a Magistrate's committal order. The Supreme Court held that Section 151 of the Electricity Act, 2003 expressly empowers the Special Court to take cognizance directly, overriding the general requirement under Section 193 of the Code of Criminal Procedure. The High Court erred by applying precedent from an entirely different statute without express similar provisions. The appeal was allowed and proceedings reinstated for trial.

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Criminal Procedure Electricity Law Jurisdiction of Special Courts Cognizance of Offences Theft of Electricity Code of Criminal Procedure

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