SHIV DAYAL Vs. THE STATE

JUDGEMENT

(1.) THIS judgment will dispose of thirteen Criminal Revisions. Nos. 569 to 581 of 1962. In all these revisions the learned Additional Sessions Judge, Karnal, has recommended that the order of Magistrate, I Class, Karnal, be set aside and it be directed that Jaggu Ram is not approver for the purpose of these cases and that the proceedings before the Magistrate are not inquiry proceedings and that he should proceed with the trial of these cases in accordance with law.

(2.) THE facts giving rise to these cases are that on a complaint made by the Superintending Engineer of Punjab Electricity Board, Karnal, the police Karnal prosecuted the Petitioners in these cases along with Om Parkash and Ram Singh for offences under sections 380 and 120B, Indian Penal Code, and 39, 44 and 47 of the Indian Electricity Act, 1910. The Petitioners in some of the cases run oil expellers with power and in the remaining cases run flour mills with power. They had obtained an industrial connection for running the said expellers and mills, and meters for calculating the units of electricity consumed had been installed in the said premises. It is stated that with the help of and in conspiracy with Ram Singh, Om Parkash and Jaggu Ram, the Petitioners tampered with the said meters and thus caused wrongful loss to the electricity department. Jaggu Ram was tendered pardon and he was cited as an approver in the list of witnesses. At the commencement of the proceedings an objection was raised on behalf of the Petitioners before the learned Magistrate that Jaggu Ram could not be examined as an approver because the offence even on the showing of the prosecution was of theft punishable under Section 379, Indian Penal Code. The learned Magistrate overruled the objection and held that the offence alleged to have, been committed fell under Section 380, Indian Penal Code, and that Jaggu Ram could be examined as an approver.

(3.) I have heard Sarvshri M.L. Jain and Rajinder Sachar on behalf of the Petitioners and Miss Surjit Kaur on behalf of the State, and they have all supported the recommendations of the learned Additional Sessions Judge. Section 39 of the Electricity Act reads as under: