R.L. SALGOTRA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner, through the medium of the instant petition, seeks quashment of the Complaint file No. 468/Ch titled P.D.D v. R.S. Salgotra and the proceedings and the cognizance taken by the learned Sub-Judge, Samba under Sections 38, 46 and 43 of the Jammu & Kashmir Electricity Act, Svt. 1997 (1940 AD) and under Rule 8 of the Jammu & Kashmir Electricity Rules, 1978 vide order dated 18.08.2006.

(2.) In the complaint, the respondent alleged that on 12th August, 2006, Electrical Inspector Mobile Unit-1, Jammu inspected the workplace of the petitioner at SIDCO (IGC), Samba and allegedly found some alleged violations in the supply/use of electricity on spot. It is also contended in the petition that on the same date, the respondent directed the petitioner herein to appear in the Court of Special Mobile Magistrate on 08.09.2006.

(3.) The Complaint was presented before the Court of learned Sub-Judge, Samba on 18.06.2006 and the learned Sub-Judge issued process against the petitioner-accused for commission of offence under Section 38 of the Jammu and Kashmir Electricity Act, 1940 on the ground that the petitioner-accused, prima facie, appears to have committed the offence.