Supreme Court of India · 2019-07-23
Shri A.M.C.S Swamy Ade/Dpe/Hyd ... vs Mehdi Agah Karbalai
- Citation / case number
- AIR 2019 SUPREME COURT 3650
- Court
- Supreme Court of India
- Petitioner
- Shri A.M.C.S Swamy Ade/Dpe/Hyd ...
- Respondent
- Mehdi Agah Karbalai
- Author
- R.Subhash Reddy
- Bench
- S.A. Bobde, R. Subhash Reddy, B.R. Gavai
Judgment text excerpt
The Supreme Court upheld the High Court's order quashing the proceedings against the respondent under Section 135 of the Electricity Act, 2003, citing non-compliance with the mandatory requirement of lodging a complaint within twenty-four hours post disconnection as per Section 135(1-A) of the Indian Electricity (Amendment) Act, 2007. The Court also noted that the Special Court's cognizance was taken without a committal order, violating Section 193 of the Code of Criminal Procedure, 1973. Consequently, the appeal by the State Distribution Utility was dismissed, affirming the High Court's decision.