VED PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition u/sec. 482 Cr. P. C. has been filed in grievance to the order dated 17. 8. 83 passed by the learned Addl. Session Judge, Sri Ganganagar.

(2.) ON a complaint filed by the police u/sec. 379 read with section 39 of the Indian Electricity Act, 1910 (for short Electricity Act hereinafter) against the petitioner Ved Prakash, the learned Addl. Munsif and Judicial Magistrate, Sri Ganganagar took cognizance against the petitioner and charge-sheeted him for the aforesaid offences. The aggrieved petitioner preferred revision petition and the learned Addl. Sessions Judge, Sri Ganganagar vide the impugned order dated 17. 8. 83 dismissed the revision petition. The ground taken before revisional court was that as the complaint in the case was filed before the police by the junior engineer the case would not proceed in view of the provisions of Section 50 of the Electricity Act. The learned Judge held that the first information report was filed by the junior engineer. The police had filed the charge-sheet u/sec. 39 of the Electricity Act read with section 37 IPC and therefore the provisions of Section 50 of the Electricity Act would not create a bar in the case. The petitioner has challenged the legality of the aforesaid order by invoking the inherent jurisdiction of this court u/sec. 482 Cr. P. C.