SANJEEV KUMAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application is directed against the order dated 21.07.2014, passed by the learned S.D.J.M., Giridih, in T.R. No.496 A of 2014, whereby and where under he directed the petitioner to physically appear before his court on the next date for framing of charge.

(2.) It is submitted by Sri Nitin Kumar Pasari, learned counsel for the petitioner that as per Sec. 153 of the Electricity Act, 2003 any offence enumerated under Sections 135 to 140 and Sec. 150 of the Electricity Act, 2003 can be tried by a Special Court. He further submits that as per Sub-Section 3 of Sec. 153 of the aforesaid Act, a Magistrate is not qualified to be appointed as a Special Judge. The aforesaid Sec. specifically states that for becoming a Special Judge, it is necessary that incumbent shall immediately before his appointment worked as an Additional District and Sessions Judge. Accordingly, he submits that the learned S.D.J.M., Giridih has no power to try the present offence, because the same relates to an offence alleged to have been committed under Sec. 135 of the Electricity Act, 2003.

(3.) Sri Rahul Kumar, learned counsel appearing for the informant-JUVNL submits that even a Magistrate can try the case in the absence of a Special Judge as per the direction of the District Judge.