KASARABABA RAJESWARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) These petitions have been filed by different persons who are accused in different cases for quashing the proceedings in terms of Section 482 of the Code of Criminal Procedure. Charge-sheets were filed against the accused persons for having committed offences punishable under Section 7(i) of the Essential Commodities Act r/w. Sections 26 and 28 of the A.P. Petroleum Products (Licensing and Regulation of Supplies) Act, 1980 and Section 411 of the Indian Penal Code. They were also accused of having committed offences under Sections 120-B, 407, 420, 467, 468, 471, 472 and 474 of the Indian Penal Code.

(2.) The contention of the petitioners before the learned Single Judge of this Court appears to have been that a Special Court constituted under the provisions of Section 12-A of the Essential Commodities Act cannot try the cases involving offences under Indian Penal Code along with offences under the Essential Commodities Act. After noting down various judgments the learned single Judge framed the following question:

(3.) We have heard learned counsel for the petitioners and also learned Public Prosecutor. In order to appreciate the arguments made, it will be necessary to have a glimpse of various provisions of the Essential Commodities Act and also the Criminal Procedure Code.