LAWS(KAR)-2013-3-172

VISHWANATH Vs. STATE OF KARNATAKA

Decided On March 20, 2013
VISHWANATH Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) PETITIONER was not cited as accused in Spl. Case No. 79/08 registered by the police of Gulbarga Electricity Company for the offence punishable under Section 135 of the Electricity Act. He has questioned the order passed by the special judge on 16.7.2011 directing him to be tried along with other accused. Sri S.S. Aspalli, learned HCGP has taken notice.

(2.) AS could be seen from the records made available, the learned special judge has summoned the petitioner by the following order: 16/7/11 State by Addl. P.P.Accused (OB) by Manikrao, Adv.To hear on 319 of Cr.P.C. Case called. Adv. Present.Issue summons to VishwanathUnder Sec. 319 of Cr.P.C. 16/8/11 By the said order, it is quite clear the learned judge has not assigned any reasons for summoning the petitioner who was not the accused in the original proceedings.

(3.) BESIDES it is necessary to notice, the alleged offence is said to have been committed some time in the year 2005 and initiation of prosecution is based on report of the police officer under Section 173, Cr.P.C. A question would, therefore, arise as to whether the special judge could have taken cognizance of the offence punishable under Section 135 of the Electricity Act without there being a complaint by the appropriate Government, or Appropriate Commission or any of their officer authorised by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company, as the case may be. The trial court will also have to examine whether it could have proceeded to conduct trial without there being any order of committal passed by the magistrate in the absence of such authorization to it under law.