- 1 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.201393 OF 2024 BETWEEN: 1. HAMEED MIYAN S/O SYED SHABBIR SAB, AGE: ABOUT 78 YEARS, OCC: AGRI., R/O: VILLAGE OTHAGI, TQ: HUMNABAD, DIST: BIDAR – 585330. 2. CHANDPASHA S/O HAMEED MIYAN, AGE: ABOUT 50 YEARS, OCC: AGRI., R/O: VILLAGE OTHAGI, TQ: HUMNABAD, DIST: BIDAR – 585330. 3. USMAN MIYAN S/O HAMEED MIYAN, AGE: ABOUT 43 YEARS, OCC: AGRI., & PROPRIETOR OF SAWMILL R Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 R/O. VILLAGE OTHAGI, TQ: HUMNABAD, DIST: BIDAR – 585330. …PETITIONERS (BY SRI K.M. GHATE, ADVOCATE) AND: THE STATE POLICE GESCOM VIGILANCE POLICE STATION, TQ: DIST. BIDAR. THROUGH ITS INCHARGE ASST. EXECUTIVE, ENGINEER, BIDAR – 585401. …RESPONDENT (BY SRI RAVINDRA REDDY, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C, PRAYING TO QUASHING THE ORDERS DATED 23.10.2024 PASSED ON APPLICATION UNDER SECTION 227 OF CR.P.C., AND ALSO UNDER SECTION 473 OF CR.P.C., THEREBY QUASH THE ENTIRE PROCEEDINGS OF THE AFORESAID CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Heard Sri K.M. Ghate, learned counsel for the petitioners and Sri Ravindra Reddy, learned counsel for the respondent-GESCOM. 2. This petition is filed under Section 482 of Cr.P.C., with the following prayer: “Wherefore, this Hon'ble court may kindly be pleased to call for the records of Spl. C. No. 1620/2022 (Crime No. 587/2016) on the file of Addl. District & Sessions Judge, Bidar, Thereby pleased to allow the present petition for quashing the orders dated: 23/10/2024 passed on application under section 227 of Cr.P.C. and also under section 473 of Cr.P.C. and thereby please to quash the entire proceedings of the aforesaid case to meet the ends of justice and equity.” 3. Facts in brief, which are utmost necessary for disposal of the present petition are as under: 3.1 The official from GESCOM lodged a FIR alleging commission of offence under Section 135 of the Electricity - 4 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 Act, which was registered in Crime No.587/2016 on 24.05.2016 based on the inspection carried out by him in the premises, which is a flourmill and sawmill belonging to the first accused Hameed Miyan, S/o. Syed Shabbir Sab. During the course of inspection, they have noted that the phase wire bypassing the meter, there was a theft of electricity. Initial assessment has been carried out noting in the conditions therein, which is detailed out and as per the said assessment there was a loss of Rs.5,45,134/- to the GESCOM. 3.2 Based on the FIR, investigation was carried out and charge-sheet came to be filed. Petitioners herein appeared before the Court and obtained the order of bail and matter is being contested. In the meantime, after thorough investigation, charge-sheet came to be filed by the Vigilance Police Station, GESCOM, before the jurisdictional Magistrate, whereby, the offence under Section 135 of the Electricity Act, 2003, was alleged against the petitioners herein. - 5 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 3.3 After taking the cognizance, learned Special Judge issued summons to the petitioners herein and petitioners appeared before the Court. 3.4 Thereafter, notice to settle the matter if permissible before the Lok Adalat came to be issued by the learned Special Judge, by order dated 07.11.2022. Though, notice is served on the petitioners, they failed to appear before the Court and non-bailable warrants were issued against the petitioners. 3.5 Thereafter, petitioners did not agree to settle the dispute amicably and therefore, the matter was posted for Hearing Before Charge. 3.6 An application under Section 227 of Cr.P.C., came to be filed by the petitioners herein. Thereafter, the matter was heard on the application filed under Section 227 of Cr.P.C., and by detailed order dated 23.10.2024, the application came to be rejected. The said order is - 6 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 challenged in the present petition by filing an application under Section 482 of Cr.P.C. 4. Among the other grounds, counsel for the petitioners contended that the procedure under Section 126 of the Electricity Act, 2003, was not followed before initiating the action under Section 135 of the Electricity Act, 2003, and therefore, very filing of the charge-sheet is incorrect. 5. Per contra, Sri Ravindra Reddy, learned counsel for the respondent would submit that the very petition filed under Section 482 of Cr.P.C., itself not maintainable as there is revisional power vested in this Court challenging the order passed by the Trial Court under Section 227 of Cr.P.C. 6. He would further contend that the enquiry under Section 126 of Electricity Act is altogether different from taking action under Section 135 of the Electricity Act, - 7 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 which has been rightly appreciated by the learned Trial Judge in the impugned order. 7. He would also contend that the grounds urged in the petition are not sufficient enough to quash the order dated 23.10.2024 and terminate the proceedings pursuant to the charge-sheet filed by the GESCOM Vigilance Police Station alleging the offence under Section 135 of the Electricity Act, 2003, and sought for dismissal of the petition. 8. Having heard the arguments of both sides, this Court perused the material on record meticulously. 9. On such perusal of the material on record, it is crystal clear that on the day of inspection, the Officer of the GESCOM has visited the premises belonging to the first petitioner i.e., flourmill and sawmill and noted that there was bypass of phase wire from the meter, whereby, the electricity theft was noticed. - 8 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 10. Required notice was also given after registering the FIR to pay the compounding charges. Petitioners failed to pay the loss which was mentioned along with the FIR and assessment. 11. Taking note of the motor that was installed, wattage and other required parameters, the amount of Rs.5,45,000/- was arrived by the GESCOM Department. Matter was also sought to be settled amicably before the Lok Adalat by issuing the notice by the learned Special Judge. But the petitioners herein failed to appear before the Court pursuant to the notice issued and thereafter, they were brought before the Court by issuing the non- bailable warrants. 12. The conduct of the petitioners, shows that the petitioners somehow wanted to protract the proceedings, which is initiated in year 2016 on one pretext or the other. 13. Lastly when the matter was posted for framing the charge, the petitioners herein filed an application - 9 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 under Section 227 of Cr.P.C., seeking discharge. It is pertinent to note that it was a joint application filed by all the petitioners. 14. Since there is a presumption as is prescribed under Section 135 of the Electricity Act, 2003, from the material available on record it was incumbent on the petitioners to establish that there was no theft of electricity committed. No such material is forthcoming on record. 15. Further, in order to appreciate whether the enquiry under Section 126 of Electricity Act was utmost necessary before initiating the action under Section 135(1)(b) of Electricity Act is concerned, it is just and necessary for this Court to cull out the provisions of Sections 126 and 135 of the Electricity Act, 2003 which reads as under: “126. Assessment.- (1) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found - 10 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorized use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use. (2) The order of provisional assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed. 1[(3) The person, on whom an order has been served under sub-section (2), shall be entitled to file objections, if any, against the provisional assessment before the assessing officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment within thirty days from the date of service of such order of provisional assessment of the electricity charges payable by such person.] (4) Any person served with the order of provisional assessment, may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him: - 11 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 2 [***] 3[(5) If the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place, the assessment shall be made for the entire period during which such unauthorized use of electricity has taken place and if, however, the period during which such unauthorised use of electricity has taken place cannot be ascertained, such period shall be limited to a period of twelve months immediately preceding the date of inspection.] (6) The assessment under this section shall be made at a rate equal to 1[twice] the tariff applicable for the relevant category of services specified in sub-section (5). Explanation.- For the purposes of this section,- (a) “assessing officer” means an officer of a State Government or Board or licensee, as the case may be, designated as such by the State Government; (b) “unauthorised use of electricity” means the usage of electricity – (i) by any artificial means; or - 12 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 (ii) by a means not authorised by the concerned person or authority or licensee; or (iii) through a tampered meter; or 2[(iv) for the purpose other than for which the usage of electricity was authorised; or (v) for the premises or areas other than those for which the supply of electricity was authorized.”] 135. Theft of Electricity.- [(1) Whoever, dishonestly,- (a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier as the case may be; or (b) tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or - 13 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 (c) damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity; or (d) uses electricity through a tampered meter; or (e) uses electricity for the purpose other than for which the usage of electricity was authorised, so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both: Provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use - (i) does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the - 14 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 financial gain on account of such theft of electricity; (ii) exceeds 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months, but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity: Provided further that in the event of second and subsequent conviction of a person where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use exceeds 10 kilowatt, such person shall also be debarred from getting any supply of electricity for a period which shall not be less than three months but may extend to two years and shall also be debarred from getting supply of electricity for that period from any other source or generating station: Provided also that if it is proved that any artificial means or means not authorized by the Board or licensee or supplier, as the case may be, exist for the abstraction, consumption or use of - 15 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 electricity by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of electricity has been dishonestly caused by such consumer. (1A) Without prejudice to the provisions of this Act, the licensee or supplier, as the case may be, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity: Provided that only such officer of the licensee or supplier, as authorized for the purpose by the Appropriate Commission or any other officer of the licensee or supplier, as the case may be, of the rank higher than the rank so authorized shall disconnect the supply line of electricity: Provided further that such officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty four hours from the time of such disconnection: Provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this Act, shall, without prejudice to the obligation to lodge the - 16 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 complaint as referred to in the second proviso to this clause, restore the supply line of electricity within forty-eight hours of such deposit or payment;] (2) 1[Any officer of the licensee or supplier as the case may be,] authorized in this behalf by the State Government may -- (a) enter, inspect, break open and search any place or premises in which he has reason to believe that electricity 2 [has been or is being,] used unauthorisedly; (b) search, seize and remove all such devices, instruments, wires and any other facilitator or article which has been, or is being, used for unauthorized use of electricity; (c) examine or seize any books of account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under sub-section (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence. - 17 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 (3) The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list: Provided that no inspection, search and seizure of any domestic places or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises. (4) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, as far as may be, to searches and seizure under this Act.” 16. On careful and conjoint reading of the above provisions, there is no bar for the Electricity Department to initiate the action under Section 135 of the Electricity Act, 2003, if there is a theft of electricity. 17. Section 126 of Electricity Act operates in a different arena than Section 135 of the electricity Act. - 18 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 18. However, it is to be noted that it is the Special Court, which is required to adjudicate both the civil liability as well as the criminal liability and no other proceedings are permissible and no other Court can also take cognizance of offences under the Act. 19. Therefore, under Section 154, the Special Court is also empowered to determine the civil liability. Section 126 of the Electricity Act would aid such an adjudication. 20. In other words, assessment of the loss caused to the Electricity Department and payment thereof in the prescribed period would result in permitting the consumer of the electricity to compound the offence punishable under Section 135 of the Electricity Act. Whereas, there is no bar for the Special Court to determine the criminal liability as well as the civil liability as it is the Special Court, which is required to assess both. 21. Therefore, the argument put forward on behalf of the petitioners that an assessment under Section 126 of - 19 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 the Electricity Act should precede before initiating the action under Section 135 of the Electricity Act, cannot be countenanced in law. 22. Further, as is rightly contented by the counsel for respondent, against the order of discharge, revision petition should have been filed by the petitioners. 23. But petitioners have chosen to seek intervention of this Court by exercising the inherent power vested under Section 482 of Cr.P.C. 24. Therefore, though petition is perse not maintainable, since, the learned counsel for the petitioners wanted an order on merits as well in respect of the grounds urged in the petition, this Court heard the arguments of both sides and addressed the issues involved in the petition. 25. Thus, viewed from any angle, the grounds urged in the petition are not sufficient to quash the order - 20 - HC-KAR NC: 2025:KHC-K:3682 CRL.P No. 201393 of 2024 dated 23.10.2024 and terminate the proceedings initiated by the respondent. 26. Accordingly, the following: ORDER The petition is meritless and accordingly dismissed. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 17 CT-PK