RAJPUR PAMPAPATHY Vs. STATE

JUDGEMENT

(1.) THIS petition is directed against the order dt 23-6-77 passed by the Addl Munsiff and Judicial Magistrate First Class, Hospet in CC. 1309/75. CC. 1309 of 1975 was registered on a complaint filed by the respondent against the petitioners, alleging that the petitioners had contravened the prohibitory order issued under Sec.22(3) of the Mines ACt, 1952 (to be hereinafter referred to as the Act). On 10-11-7,5 the petitioners filed an application before the Magistrate under Sec.77 of the Act. Even before filing the said application, they had, on 5-11-75, served a copy of the app lication on the Public Prosecutor as required by Sec.77 of the Act. By the said application, they contended that four persons representing M/s Bharat Timber & Construction Coy (to be hereinafter referred to as the 'other accused') were the persons who were really responsible for the commission of the said offence and the petitioners were entitled, in view of Sec.77 of the Act, to have the other accused produced before the Court on the appointed date of hearing against them. The Public Prosecutor filed a memo stating that in view of Section 77 of the Act, the said persons may be ordered to be present before the Court without prejudice to the allegations made in the original complaint against the petitioners. In view of this memo, the Court issued on 8-12-75 summons to the other accused calling upon them to appear before the Court on 5-1-76. The matter went on in this manner and even till 23-6-77 the other accused were not produced before the Court as the summons remained unserved. Ultimately on 23-6-77 the learned Magistrate dismissed the application filed by the petitioners under Sec.77 of the Act, after hearing the arguments of the Counsel on both sides. Section 77 of the Act reads as follows :