Smart Meters

Final argument made in court against smart meters Aug 09 2025

IN THE COURT OF LEARNED METROPOLITAN MAGISTRATE

70TH MAZGAON COURT AT MUMBAI.

CC NO. 1307 OF 2025

Kamlakar Ratnakar Shenoy aged 67 years (senior citizen).          Applicant

V/S                        

Mr. S V R Srinivas and others                                                      accused.                                                         

Written Notes of arguments 8.8.25

May it please my Honor.

The applicant is an alert public spirited senior citizen aged 68 years. Hence, humble prayer to hear my application on priority.  I am well conversant with fact and circumstances of the matter. In the absence of my advocate I be permitted to make submission and assist this Hon. Court as an officer of the Court. Since last 10 to 12 years I have been arguing my matters in person and taking assistance of advocate for filing the matters. 

  1. Complaint in short

The applicant has filed this application for prosecution against the GM BEST, Addl MC city , BMC and members of MERC for acting in connivance and in furtherance to evil design, thereby causing wrongful and illegal installation of smart electric meters by BEST undertaking, which is against the larger public interest and causing wrongful loss to the consumers.

The complaint is sensitive issue affecting almost every person not only in Mumbai but the whole of Maharashtra and the nation.

  1. Affidavit in support: page 123

 

  1. Section 154 (1) CRPC: information in cognizable offences

 

Every information relating to the commission of cognizable offence, if given orally to an officer in charge of police station, shall be reduced to writing by him or under his direction, and be read over to the informant: and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State government may prescribe in this behalf.

 

 

 

 

  1. Details of offence in short  

 

    1. Page 6 para 8 A: no eligibility under RDSS scheme page 33 evidence. Hence do not fall within ambit of RDSS scheme  
    2. Page 7 para 8B: do not fit in objectives to bearing losses up to 15 %. page 37 evidence.
    3. BEST loss is 3.5%: Attachment—1   discloses 3.5% loss i.e. much below the expected objective to reduce losses up to 15%) hence, do not fall within ambit of objectives
    4. Page 35 of Complaint: Agriculture sector excluded from smart meters:  attachment ---2 gazette dt. 23.5.2022 and loss of Rs. 43353 crores chart.
    5. Page 7 para B iv: falsely stated it is free of cost. (attachment-3  copy of email dt. 15.4.24 para E) page 45 para 5.5.5
    6. Page 7 para v: no certificate from metrology dept. (evidence page 41-43)
    7. Page 10 para vi and vii: prepaid meter and surging charges as per TOD concealed from the consumers not mentioned in any notices. (evidence at page 35-36 para 4.7 prepaid and para 4.9 TOD)
    8. Page 7 & 8: Illegal notices making misrepresentation and concealment of facts: (evidence on page 24-30
    9. Till 2023 the 90000 electronic meters installation was pending: (attachment -4    )
    10. Page 18 correspondence:
      1. the RTI application were not provided with information sought
      1. no remedial action was taken by the accused inspite of information laid before their office and to their knowledge.

 

  1. Illegal and bad in law notices (page 24 to 30) there are many more.
  1. No signature and consent.
  2. No outward number
  3. No details of person to whom to contact
  4. No name of the person who signed
  5. No notices to individual consumers mentioning consumer number and meter number
  6. Threat of 163(3) disconnection of meters
  7. Violation of fundamental rights to not give notice to consumers and issue threat for denying the essential commodity i.e. electricity
  8. Letter to CP Mumbai. Threatening (attachment---5 letter dt. 6.6.2024)

Notice to society illegal: no society and office bearers of society can give consent on behalf of other consumers to allow installation of smart meters. 

 

  1. Inflated bills: page 58-68

 

  1. Evidence that Smart meter is not compulsory (video to be shown and heard in open court with permission of the Hon. Court)

https://youtu.be/OHdv0dM7pBU

CM Devendra fadnavis statement on floor of assembly that smart meters are no compulsory and voluntary

  1. Smart meters shall never be used and shall never be installed and cannot be replaced on grounds of replacement, repairs unless the following objections are removed and legally satisfied 
  1. Study showing adverse impact of radiation on lives and plants
  2. Environment adverse effect with crores of electronic meters being disposed off
  3. Fire explosion and fire friendly meters endangering life and property
  4. Certificate from metrology department
  5. Remote control with private electric companies 
  6. Offices of each electric company in each ward
  7. SOP on solution for inflated bills without causing injury to consumers.

 

  1. Request for meeting to GM BEST and Addl MC city: page 99 to 107.

 

  1. Application to Police: page 111 to 122

 

  1. Application 154(3) CRPC: 108 to 110

 

  1. Sanction: page 14 : not required as fabrication of documents and criminal breach of trust, misappropriation of public funds, preparing of false incorrect documents and using these false / incorrect documents as genuine for purpose of cheating the public at large to cause wrongful gains to pan private company / individual or group of person.  by public servants do not fall in ambit of discharge of official duty. Request for speaking reasoned order to conclude that the offences of making false and incorrect documents, using the same as genuine for purpose of cheating, acting in furtherance to common design falls within ambit of discharge of official duty. 

 

The applicant humbly submits and prays that The Hon. Court shall consider the acts of the accused and mentioned herein below while passing a reasoned and speaking order whether these illegal and wrongful acts can come within the ambit of discharge of official duty and is in consonance with the oath of allegiance being taken by all public servants before joining the service as public servant   at

    1. Page 18: not to provide information and reply for clarification sought
    2. Page 19-20 at para 17.
    3.  Acts mentioned in the role of each of the accused.
    4. Whether acts impermissible in law falls within ambit of discharge of official duties

 

  1. Role of accused: 

 

    1. GM BEST: page 15 para 13
    2. Role of Addl MC city : page 16 para 14 and

page 92 serial no. 21 (BEST is ADDL MC city responsibility)

    1. Role of MERC: page 16 para 15.

 

 

  1. Correspondence with accused: page 18 para v. no information and clarification provided

 

  1. Locus standii: page 18 para 16

 

  1. Gist of all offences:

 

    1. Page 10: conspiracy: cost inflated of smart meters. Sanctioned Rs. 659.17 crores, BEST spent Rs.1303 crores. MERC sanctioned Rs. 1720 crores.
    2. Page 10-11 para G: fraud in tenders of smart meters: see the date
      1. 21.7.2022 techno bid opened
      2. 21.11.2022 alleged approval of RDSS
      3. 9.1.2024 : principal approval
      4. Tender issued by Dy. GM in violation of section 460L of MMC act.
    3. Page 13 Para 10 & 11: CBT by public servants and Contempt of justice Daga . (Evidence at page 69 to 90 para no. 17 & 18.)
    4. page 19 para 17: (details of all offences disclosed.

 

  1. citation
    1. Madras High Court para 86, 87, 99 (ii, iii, iv, vii) : Sugeshan Transport P. Ltd V/s Inspector of Police.  (compliance of the basic ingredient’s before approaching the Ld. Magistrate Court.)
    2. Criminal appeal arising out of SLP (CRL) no. 1568 of 2022. Para 21, 22. Protection vide sanction is not blanket protection of dereliction of duty and for disobedience of direction of law.
    3. Delhi HC Crl. MC 2793 / 2009 Locus of every citizen under Article 51A of constitution. Para 7, 9, 11, 12, 13. 
    4. 2021 SCC Online Sc1222 criminal appeal no. 1455-1456 of 2021. Arbitrary decision of Public servant:  act causing injury to individual or loss to public property Para 20,21, 22, 27.
    5. AIR 1990 SC 1984. S.N. Mukherjee v/s Union of India:  Administrative action: Must be supported by reasons. Notes A, para 29, 30,31, 38.
    6. SC Criminal appeal no. 5267-68 of 2024- Om Prakash Yadav v/s Niranjan Kumar Upadhyay:

 

Para 66: acts impermissible in law, 74(ii)

Para 85: sanction to be obtained at any stage if evidence suggest act done is within discharge of duty.

 

    1. Bombay High Court CWP 1715 of 2020 (Page 14): Tejas Pravin Dugad v/s Union of India and others White collar crime is more dangerous than murder and dacoit.
    2. SPL (CRL no. 10744-10745/ 2023) (Para 21,23,24) Dinesh Sharma v/s Emgee Cables and communication Economic offences affect economy and pose threat to financial health of country

 

I hope MY Lordship is satisfied that the application filed before this Hon. Court discloses commission of cognizable offences, for issuing direction to police to investigate the cognizable offences disclosed in the application. If My Lordship has any queries, I shall be grateful for giving me an opportunity to satisfy the same.

 

Date: 8.8.25

Mumbai.                                                                                                                                   Applicant in person.

                                                                                                                                                     Kamlakar Shenoy

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