STATE OF KARNATAKA Vs. ABDUL RAZAK MOHAMED SAHEB

JUDGEMENT

(1.) The Special Judge, Belgaum by his order dated 24-8-1987, in exercise of the powers conferred under Section 167(5) Cr.P.C. R/W Section 12AA (c) of the Essential Commodities Act (for short 'the Act'), following decision of this Court in Iswarappa Macundappa Aribenchi v. State of Karnataka (I.L R 1987 Kar. 676), having directed to stop further investigation, on failure to conclude the investigation within six months, the State has come up in this revision questioning the legality and correctness of the order so passed by the Special Judge.

(2.) Although it would appear, the Police had submitted a charge-sheet, but after the lapse of 6 months, and without any request for extending the time for completing the investigation till the date of the submission of the charge-sheet.

(3.) Mr. C. H. Jadhav, learned Government Pleader appearing for the State relied upon a decision of this Court in Gadag Co-operative Textile Mills Limited v. State of Karnataka (I.L.R. 1988 Kar. 1489 ; and submitted that the offences under the Act being punishable with imprisonment for 7 years and the offences being warrant case within the meaning of Section 2(x) of the Cr.P.C., as held by this Court in such cases the provisions of Section 167(5) of the Cr.P.C. were not applicable and as such stopping of the investigation is without jurisdiction and therefore, the order under revision has to be set aside. Although the "GADAG COOPERATIVE TEXTILE MILLS" case by Kulkarni J. would appear to support the contention of Mr. Jadhav, but the learned single Judge appears to have failed to notice the provisions contained in clause (c) of S. 12 AA of the Essential Commodities Act, which in terms provides :