(1.) Petitioners Nos.1 to 11 are accused Nos.1 to 11 respectively and respondent No. 2 is the complainant in P.C.R. No.1/85 on the file of the Special Court, Bangalore. On 5-12-1985 respondent No. 2 filed a complaint in the Court-below against the petitioners alleging that they had committed an offence punishable under S.7 of the Essential Commodities Act (for short the 'Act') read with Cl. 3 of the Mild Steel Tubes (excluding seamless tubes and tubulars according to A.P.I. Specification) (Quality Control) Order, 1978 and S.120B I.P.C
(2.) The learned Special Judge referred the said complaint to the Superintendent of Police, CBI, Bangalore, for investigation and report under S.156(3), Cr. P.C., 1973 (for short the 'Code'). Hence this petition by the accused under S.482 of the Code for quashing the said proceedings.
(3.) The main ground urged by Mr. Devaraju, learned Counsel for the petitioners, is that the Special Court has no power under S.156(3) of the Code to refer the complaint for investigation as he is not empowered to take cognizance under S.190 of the Code, but is empowered to take cognizance under S.12AA(1)(e) of the Act (Special Provisions Act, 1981).