Law: Penal Code (XLV of 1860)

Section: 462-K,462-O

(a) Penal Code (XLV of 1860)--- ----Ss. 462-K 462-O---Interference, improper use or tampering with electric meter by industrial or commercial consumer---Cognizance---Scope---Sub-Division Officer (SDO) lodged FIR with the FIA containing allegations of theft of electricity by the accused from near boshes of transformer for running his tube-well and service station---Offences relating to Chapt. XVII-B of P.P.C. were covered by the provisions of S. 462-O, P.P.C. which ousted the applicability of the Code of Criminal Procedure, 1898 or any other law for the time being in force relating the assumption of jurisdiction by the Court---Court could not take cognizance of any offence under Chapter XVII-B, P.P.C., except on a complaint made with reasons to be recorded in writing along with full particulars of the offence committed under the chapter, by duly authorized officer (not below Grade 17) of the Government or the distribution company---Proceedings were carried out in violation of the provisions of S. 462-O, P.P.C.---Appeal against conviction was accepted, in circumstances.   Muhammad Mohsin Ghaman and others v. Government of Punjab through Home Secretary Lahore and others 2013 SCMR 85 rel. (b) Administration of justice--- ----When the law requires a thing to be done in a particular manner it must be done in the same manner as provided under the law, as deviation from the prescribed procedure amounts to violation of law. (c) Administration of justice--- ----Mandatory pre-requisites of law, if not followed, then the entire proceedings would be nullified in the eyes of law. JUDGMENT ABDULLAH BALOCH, J.--- This judgment disposes of Criminal Appeal No.29 of 2019 filed by the appellant Muhammad Ibrahim son of Musa Kaleem, against the judgment dated 25th June, 2019 (hereinafter referred as the impugned judgment) passed by learned Sessions Judge, Quetta (hereinafter referred as, the trial Court), whereby the appellant has been convicted under section 462-K, P.P.C. and sentenced for a period he has already undergone with fine of Rs.20,000/- (Rupees Twenty Thousand Only) in default thereof to further suffer S.I. for One (01) month. 2. Brief facts of the case are that on…

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