SURESH AGARWAL Vs. STATE OF W B

JUDGEMENT

(1.) In the present revisional application, the petitioner has challenged an order dated 16.12.2004 passed by the learned Judge, 1st Special Court, Calcutta in G.R. Case No. 419 of 2001 (arising out of Shakespeare Sarani P.S. Case No. 42 of 2001) under section 379 IPC read with sections 39 and 44 of the Indian Electricity Act, 1910.

(2.) This proceeding was initiated on the basis of a complaint lodged by the present opposite party No. 2 in the Court of learned Metropolitan Magistrate, 9th Court, Calcutta. As the proceeding was pending in the said Court since 2001 without any progress, the complainant/present opposite party No. 2 preferred an application under section 483 of the Code of Criminal Procedure praying for expeditious disposal of the case. In course of hearing, it was submitted before this Court by the learned Advocate of the opposite party No. 2 (present petitioner) that in view of the provision of the new Electricity Act, 2003, all the offences under the Electricity Act are to be tried by the Special Court. Accordingly, it was the submission of the opposite party No. 2 (present petitioner) that the proceeding should be transferred to the Special Court, Calcutta. The learned Advocate of petitioner (present O.P. No.2), in his usual fairness, did not oppose such prayer as his only object was to expedite the proceeding and conclude the same as early as possible.

(3.) At the time of hearing of the earlier application, it was also pointed out by the learned Advocate of the O.P. No. 2 (present petitioner) that there was no Special Court in Calcutta at that point of time to try such offences. In such circumstances, this Court ascertained the position and came to know, there was 1st Special Court in Calcutta and it was empowered to try the offences exclusively under Indian Electricity (W.B. Amendment) Act, 2001 as well as under section 153 of the Electricity Act, 2003 and there was also a Government Notification in that regard.