Bombay High Court
Vishwanath Tukaram Ghorpade vs The State Of Maharashtra on 10 June, 2016
Bench: A.S. Oka
ash 1 appln-5206.09
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 5206 OF 2009
Shri Vishwananth Tukaram Ghorpade. .. Applicant
Vs
State of Maharashtra. .. Respondent
--
None for the Applicant.
Dr. F.R. Shaikh, APP for the Respondent No.1.
None appears for the Respondent No.2.
--
CORAM : A.S. OKA & A.A.SAYED, JJ
DATED : 10TH JUNE 2016
ORAL JUDGMENT: ( Per A.S. Oka, J)
1. None appears for the Applicant and the second
Respondent. Heard the learned APP for the Respondent No.1 State.
We have perused the Application under Section 482 of the Code of
Criminal Procedure, 1973 ( for short "CrPC"). The prayer is for
quashing the First Information Report (FIR) and all subsequent
proceedings on the basis of the said FIR registered by the Miraj City
Police Station. The FIR was registered on 30 th July 2003 alleging
commission of offences under Section 39 and 44 of the Electricity Act,
1910 (for short "the said Act of 1910"). It appears that the learned
Judicial Magistrate, First Class, took cognizance of the offence and a
charge was framed. An Application was made on 28 th June 2007 by the
ash 2 appln-5206.09
Applicant/Accused before the learned Magistrate inviting attention of
the learned Magistrate to the fact that the said Act of 1910 was
repealed by the provisions of the Electricity Act, 2003 ( for short "the
said Act of 2003"). The said Act of 2003 was brought into force 10 th
June 2003. It was pointed out to the learned Magistrate that under
Section 151 of the said Act of 2003, no Court could take cognizance of
the offence under the said Act of 2003 except on a complaint in writing
made by the Appropriate Government or Appropriate Commission or
any other officer authorised by them or by a Chief Electrical Inspector
or an Electrical Inspector or Licensee or the Generating Company. It
was pointed out that instead of filing the complaint in the manner
provided under Section 151 of the said Act of 2003, the FIR was
registered under the Repealed Act. Though the learned Magistrate
rejected the Application by the order dated 1 st February 2008, the
learned Magistrate virtually accepted the submissions made by the
Applicant. He expressed helplessness by observing that the remedy of
the Applicant is under Section 482 of the CrPC. Hence, this
Application.
2. We have perused the statements on the basis of which the
FIR was registered. It appears that the officers of the Maharashtra State
Electricity Board visited the premises of the Applicant on 30 th July 2003.
It was found that on seeing the meter, it was tampered with. Therefore,
ash 3 appln-5206.09
the offence was registered under Sections 39 and 44 of the said Act of
1910. Infact as on that date, the said Act of 1910 was already repealed.
We have perused Section 185 of the said Act of 2003 which is repealing
and saving Section. What is protected under the said Section is an
action already taken under the said Act of 1910 before the date of
commencement of the said Act of 2003. Therefore, registration of the
offence under the said Act of 1910 on 30th July 2003, after repeal of the
said Act of 1910, was illegal in view of the provisions of Section 151 of
the said Act of 2003. Hence, the Application must succeed and we
make the Rule absolute in terms of prayer clauses (b) and (c) which
read thus:
"(b) that this Hon'ble Court be pleased to issue a writ
orders directions u/s 482 of Criminal Procedure
Code and be pleased to call for the record and
proceedings in respect of the FIR dated 30/7/03
lodged at Miraj City Police Station, at C.R.
No.182/09.
(c) that u/s 482 of the Criminal Procedure Code this
Hon'ble Court after perusal of the same be pleased to
quash and set aside the said FIR dated 30/07/03
lodged at Miraj City Police Station, at C.R No.182/09
ash 4 appln-5206.09
& thus further be pleased to quash & set aside the
proceedings pending in front of JMFC Miraj vide
RCC No.200/03".
(A.A. SAYED, J) ( A.S. OKA, J )
