ISWARAPPA MAGUNDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A question of law common to all these cases arises for decision. Therefore, they are heard together and proposed to be disposed of by common order.

(2.) All the three cases arise from Ramdurg Police Station. The offence alleged to have been committed by the petitioners is one punishable under Section 7 of the Essential Commodities Act by reason of the contravention of Clause 3 of the Edible Oil Dealers Licencing Order 1977. In one case, it is said, the accused-petitioner was carrying on business without licence. In the other cases the Petitioner accused-petitioners had not complied with the conditions of the licence. The alleged offence is said to have come to the notice on 5-8-1983. All the three accused, it is not disputed, were also arrested on the same day and were released on bail. Offences being triable as summons case by a Special Judge as provided under Section 12AA(1)(f) of the Essential Commodities (Special Provisions) Act, 1981, the investigation had to be completed and charge sheet had to be filed within six months from the date of the arrest i.e., by 4-2-1984. The charge sheet having not been filed, the petitioners bringing to the notice of the Special Judge the provisions contained in Section 167(5) Cr. P.C., made an application to stop the investigation and not to take cognizance of the offence. However, for the reasons best known to the Special Judge, he did not make any orders, stopping the investigation. Since the petitioners also requested in the very application made by them to hear them before taking cognizance of the offence, on 27-3-1985, when the charge sheets in all the three cases were filed, the Special Judge proceeded to hear and by his order dated 10-7-1985, rejecting the contention raised by the petitioner, proceeded to take cognizance and directed to issue process, the correctness of which is sought to be challenged in these petitions.

(3.) The contention of the petitioners is the provisions of Section 167(5) Cr. P.C. having not been complied with, because of the inordinate delay in investigation and placing the charge-sheet, the proceedings instituted have to be quashed.