2022 M L D 1091
Penal Code (XLV of 1860)---
1----Chap. XVII-B [Ss. 462-G to 462-P]---Criminal Procedure Code (V of 1898), S.154---Offences relating to electricity---Information in cognizable cases---Registration of FIR---Scope---Chapter XVII-B was inserted in Penal Code, 1860, to deal with offences relating to theft of electricity and Sched.II of Code of Criminal Procedure, 1898, was also amended so as to make offences mentioned in the above Chapter as cognizable and non-bailable, which means that for cognizable offence, registration of FIR is permissible---However, a conditional cognizance under S. 462-O of P.P.C. was introduced---Conditional cognizance has produced a match between cognizance and cognizable offence or taking cognizance and registration of FIR---Cognizance is a later stage in a criminal process when the court for the first time takes notice of an offence on a police report or on a complaint by a private person---Before that criminal process is initiated under S. 154, Cr.P.C., for cognizable offences and S. 155, Cr.P.C., for non-cognizable offences, it has to pass through the stage of investigation, purpose whereof is collection of evidence which guides to prosecute or not to prosecute---In ordinary offences, court under S.190, Cr.P.C., is authorized to take cognizance plainly on a police report or on a private complainant within the contours of such section without attending any peculiar condition; but in certain situations, cognizance is restricted based on public policy in order to govern the cases with controlled prosecution.
Penal Code (XLV of 1860)---
----Chap. XVII-B [Ss. 462-G to 462-P]---Criminal Procedure Code (V of 1898), S.154---Offences relating to electricity---Information in cognizable cases---Registration of FIR---Scope---Registration of FIR for offences under Chapter XVII-B, P.P.C. is not barred, because all the offences have been shown as cognizable in Sched. II of Cr.P.C.---Later during the process, the requisite complaint is required to be filed with report under S.173, Cr.P.C., before the Trial Court---Prosecutor is expected to scrutinize such complaint and report under S.173, Cr.P.C., before forwarding it to the court concerned so as to make it conformable with the requirement of S.462-O, P.P.C.
Penal Code (XLV of 1860)---
1----S.462-O---Criminal Procedure Code (V of 1898), S.195---Offences relating to electricity---Cognizance---Scope---S.462-O of P.P.C. when juxtaposed with S.195 of Cr.P.C. transpires that under S.195 of Cr.P.C., court shall straight away take cognizance of offences on the complaint in writing of Public Servant/Court and no other restriction has been imposed like recording of reasons before taking cognizance---Words "reasons to be recorded" used in S. 462-O of P.P.C., are very valuable and meaningful because electricity theft is gauged through technical report which requires an expert opinion so as to facilitate the court to reach out direct to the essence of the offence and may not remain entangled about an exercise of applicability of offences for proper charging.
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