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% 04.07 .20]-1
Present: Mr.A.K.Tiwari, Advocate for the petitioner.
Mr. Sunil Fernandes, Advocate with Mr. Deepak Pathak, Advocate for the respondent/BSES.
+Crl.
M.A. No. 7394l2O11( Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Crl.Rev.P. 285/2O1L & Crl.M.A. 7393/2O11 (stav)
The petitioner vide this Criminal Revision Petition under Section 156 of the Electricity Act, 2003 is seeking following relief: to set aside the impugned
#23
% 04.07 .20]-1
Present: Mr.A.K.Tiwari, Advocate for the petitioner.
Mr. Sunil Fernandes, Advocate with Mr. Deepak Pathak, Advocate for the respondent/BSES.
+Crl.
M.A. No. 7394l2O11( Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Crl.Rev.P. 285/2O1L & Crl.M.A. 7393/2O11 (stav)
The petitioner vide this Criminal Revision Petition under Section 156 of the Electricity Act, 2003 is seeking following relief: to set aside the impugned
JUDGMENT
dated 25.02.2071 passed by the Ld. trial court of Sh. Yashwant Kumar, A.S.J., Special Electricity
Court, Saket, New Delhi in case vide NO.1026 of 2006 titled as
"BSES RPL Versus Prabhuji & Others"; to set aside the impugned order dated 02.06.2071 passed by the Ld. trial court of Sh. Yashwant Kumar, A.S.J., Special Electricity Court, Saket, New Delhi wherein the Ld. trial court dismissed the petition
U/s. 157 of Electricity Act for review of judgment dated 25.02.20IL; to stay the proceedings pending in the Ld. trial court of Yashwant
Kumar, A.S.J., Special Electricity Court, Saket, New Delhi in case vide
No.1026 of 2006 titled as "BSES RPL Versus Prabhuji & Others", U/s.
135 of the Electricity Act, 2003; to call the record of the Ld. trial court where the case is still pending and fixed for 08.07.20LL for arguments on point of sentence and deciding the civil liabilities."
Briefly stated, facts relevant for the disposal of this petition are that the petitioner was tried in the court of Additional Sessions Judge, Special
Court under Electricity Act, 2003 for an ofTence under Section 135 read with Section 151 of the Electricity Act. Learned Special Judge, on conclusion of trial, found the petitioner guilty and convicted him under
Section 135 of the Electricity Act, 2003. Thereafter, the matter was posted for arguments on the point of sentence and determination of civil a) b) c) d)
2011:DHC:19808 a\ liability. The petitioner filed a review petition seeking review of judgment of conviction which was dismissed vide order dated 02.06.2011. Present revision petition is directed against the aforesaid judgment of conviction and the order dated 02.06.2011 dismissing the review petition.
Section 156 of the Electricity Act deals with the powers of High
Court in appeal and revision and it reads thus:
"L56. Appeal and revision.- The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of
Criminal Procedure, 7973 (2 of 7974), as if the Special
Court within the local limits of the iurisdiction of the High
Court is District Court, or as the case may be, the Court of
Session, trying cases within the local limits of iurisdiction of the High Court".
On perusal of the aforesaid provision, it is apparent that the High
Court while sitting in revision or appeal against the order of Special Court constituted under Electricity Act, 2003 shall exercise all powers, so far as may be applicable, conferred by Chapter XXIX and XXX of the Code of
Criminal Procedure. Since this is a revision petition, Section 401 forming part of Chapter XXX of the Code of Criminal Procedure would be applicable in this case. Section 401(4) Cr.P.C. specifically provides that where under the code an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appealed. Admittedly, in the instant case, the petitioner has rushed to approach this Court in revision without waiting for the pronouncement of the order on sentence and fixing of the civil liability. Since the judgment of conviction of the petitioner can be
:!
\ challenged in appeal, in my considered view, the revision under Section
156 of the Electricity 'Act, 2003 read with Section 40I Cr.P.C. is not maintainable.
Revision Petition is accordingly dismissed.
\/
.$/
(AJrT BHARTHOKE)
JUDGE
JULY 04,?OLL akb/pst
:,L
{t
Court, Saket, New Delhi in case vide NO.1026 of 2006 titled as
"BSES RPL Versus Prabhuji & Others"; to set aside the impugned order dated 02.06.2071 passed by the Ld. trial court of Sh. Yashwant Kumar, A.S.J., Special Electricity Court, Saket, New Delhi wherein the Ld. trial court dismissed the petition
U/s. 157 of Electricity Act for review of judgment dated 25.02.20IL; to stay the proceedings pending in the Ld. trial court of Yashwant
Kumar, A.S.J., Special Electricity Court, Saket, New Delhi in case vide
No.1026 of 2006 titled as "BSES RPL Versus Prabhuji & Others", U/s.
135 of the Electricity Act, 2003; to call the record of the Ld. trial court where the case is still pending and fixed for 08.07.20LL for arguments on point of sentence and deciding the civil liabilities."
Briefly stated, facts relevant for the disposal of this petition are that the petitioner was tried in the court of Additional Sessions Judge, Special
Court under Electricity Act, 2003 for an ofTence under Section 135 read with Section 151 of the Electricity Act. Learned Special Judge, on conclusion of trial, found the petitioner guilty and convicted him under
Section 135 of the Electricity Act, 2003. Thereafter, the matter was posted for arguments on the point of sentence and determination of civil a) b) c) d)
2011:DHC:19808 a\ liability. The petitioner filed a review petition seeking review of judgment of conviction which was dismissed vide order dated 02.06.2011. Present revision petition is directed against the aforesaid judgment of conviction and the order dated 02.06.2011 dismissing the review petition.
Section 156 of the Electricity Act deals with the powers of High
Court in appeal and revision and it reads thus:
"L56. Appeal and revision.- The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of
Criminal Procedure, 7973 (2 of 7974), as if the Special
Court within the local limits of the iurisdiction of the High
Court is District Court, or as the case may be, the Court of
Session, trying cases within the local limits of iurisdiction of the High Court".
On perusal of the aforesaid provision, it is apparent that the High
Court while sitting in revision or appeal against the order of Special Court constituted under Electricity Act, 2003 shall exercise all powers, so far as may be applicable, conferred by Chapter XXIX and XXX of the Code of
Criminal Procedure. Since this is a revision petition, Section 401 forming part of Chapter XXX of the Code of Criminal Procedure would be applicable in this case. Section 401(4) Cr.P.C. specifically provides that where under the code an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appealed. Admittedly, in the instant case, the petitioner has rushed to approach this Court in revision without waiting for the pronouncement of the order on sentence and fixing of the civil liability. Since the judgment of conviction of the petitioner can be
:!
\ challenged in appeal, in my considered view, the revision under Section
156 of the Electricity 'Act, 2003 read with Section 40I Cr.P.C. is not maintainable.
Revision Petition is accordingly dismissed.
\/
.$/
(AJrT BHARTHOKE)
JUDGE
JULY 04,?OLL akb/pst
:,L
{t