Telangana High Court
Galla Gopal vs The State Of Telangana on 3 July, 2025
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.16380 of 2024
ORDER:
This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973, seeking to quash the
proceedings against the petitioner in Crl.M.P.No.138 of 2024
in Crime No.6514 of 2021, on the file of the learned I
Additional District and Sessions Judge, Medak, Sangareddy
District, registered for the offences punishable under Sections
135 and 138 of the Electricity Act, 2003.
2. Heard Sri P.V.L. Bhanu Prakash, learned counsel
appearing on behalf of the petitioner, and Sri N. Sreedhar
Reddy, learned Standing Counsel for the Southern Power
Distribution Company of Telangana, appearing on behalf of
respondent No.2.
3. Learned counsel for the petitioner contended that the
procedure prescribed under the Electricity Act, 2003, has not
been properly followed by the respondents and that the
complaint should have been filed before the jurisdictional
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Magistrate and thereafter on committal Special Court has to
take the file, but in the present case, the complaint was
directly filed before the I Additional District and Sessions
Judge, Medak, which is contrary to the procedure established
by law. Therefore, he prayed the Court to quash the
proceedings against the petitioner by allowing this criminal
petition.
4. On the other hand, the learned Standing Counsel for
respondent No.2 submitted that the procedure adopted is in
strict compliance with the provisions of the Electricity Act,
2003. He submitted that upon detection of unauthorized use
of electricity, the power supply to the consumer is liable to be
disconnected, and as per Section 152 of the Electricity Act, if
the consumer pays 50% of the assessed amount, the matter is
placed before the Special Court constituted under Section 153
of the Electricity Act for adjudication of civil liability under
Section 154 of the Act. He further submitted that in the
present case, the consumer has already paid 50% of the
assessed amount and the complaint was rightly filed before
the Special Court for determination of liability. Therefore, he
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contended that there is no procedural irregularity and prayed
the Court to dismiss the Criminal Petition.
5. On a careful consideration of the submissions made by
both the learned counsel and on perusal of the material
available on record, it appears that Section 154 of the
Electricity Act, 2003, specifically provides for the procedure
and powers of the Special Court. As per Section 154(1), the
Special Court shall have the jurisdiction to try offences
punishable under the Act. Further, under Section 154(5), the
Special Court shall determine the civil liability against a
person in unauthorized use of electricity, and the same shall
be recoverable as if it were a decree of a civil court.
6. It is also observed that as per the procedure
contemplated, after the consumer deposits 50% of the
assessed amount, the complaint is to be submitted before the
Special Court for further adjudication. In the present case, it
is not disputed that the consumer has paid 50% of the
assessed amount and the complaint was filed before the I
Additional District and Sessions Court, who is designated as
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the Special Court under Section 153 of the Electricity Act,
2003.
7. In view of the above, the procedure adopted by the
respondents is in accordance with the provisions of Sections
152, 153, and 154 of the Electricity Act, 2003. Therefore,
there is no merit in the present Criminal Petition and the
same is liable to be dismissed.
8. Accordingly, this Criminal Petition is dismissed.
As a sequel, miscellaneous petitions pending, if any,
shall stand closed.
_____________________
JUSTICE K. SUJANA
Date: 03.07.2025
SAI
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41
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.16380 of 2024
Date: 03.07.2025
SAI