Bombay High Court Upholds Acquittal Due to Procedural Flaws in FIR Lodging

Court Rules Unauthorized FIR Lodging Vitiated Trial Under Electricity Act, 2003

In a significant ruling, the Bombay High Court (Nagpur Bench) has dismissed the State of Maharashtra's appeal against the acquittal of Gulab Ali Sayyad Bannu in a case concerning theft of electricity. The judgment, delivered by Justice M. M. Nerlikar, emphasized the importance of adhering to statutory provisions when lodging FIRs under the Electricity Act, 2003.

The case stemmed from an incident on June 15, 2006, when a Flying Squad inspected the ice factory owned by Bannu and discovered tampered meters, indicating a theft of electricity amounting to 8,768 units. Subsequently, an FIR was filed by a member of the squad, Mr. Shrikant Deshmukh, leading to a charge sheet against Bannu under Sections 135 and 138 of the Electricity Act.

However, the trial court acquitted Bannu, citing the unauthorized lodging of the FIR as a fundamental flaw. The State of Maharashtra appealed, arguing that the procedural issue was merely an irregularity, not an illegality, and that the evidence against Bannu was overwhelming.

Justice Nerlikar, upon reviewing the appeal, highlighted the crucial role of Section 151 of the Electricity Act, which mandates that only authorized officers can lodge FIRs for offences under the Act. Deshmukh, who filed the FIR, was not authorized, as he did not belong to any category specified in the Act, such as being an officer of the Appropriate Government or Commission.

The court held that taking cognizance of an FIR filed by an unauthorized person was not a mere procedural irregularity but a violation of statutory provisions, which vitiated the entire trial process. The court further noted that the delay in lodging the FIR, coupled with the unauthorized filing, raised doubts about the prosecution's case.

The judgment reinforces the necessity for strict compliance with legal procedures, especially in cases involving specialized statutory provisions. By dismissing the State's appeal, the Bombay High Court has underscored the importance of lawful actions by authorities in criminal proceedings.

Bottom Line:

Electricity Act, 2003 - FIR lodged by unauthorized person - Violation of Section 151 of the Electricity Act, 2003 - Cognizance taken by the Court vitiated the trial - Taking cognizance is not an empty formality and requires adherence to provisions.

Statutory provision(s): Section 151, Section 135, Section 138 of the Electricity Act, 2003

State of Maharashtra v. Gulab Ali Sayyad Bannu, (Bombay)(Nagpur Bench) : Law Finder Doc Id # 2794959