M/s Dayal Steels Ltd vs State Of Jharkhand

Cr. M.P.No.221 of 2008 has been filed by M/s Dayal Steels Ltd on 19.02.2008 invoking its jurisdiction Under section 482 of the Cr.P.C for

quashing the First Information Report including its seizure list and the entire Criminal Proceeding initiated against the petitioner in connection with

Ramgarh P.S.case no.32/2008 dated 01.02.2008 filed under sections 379,147,342,504,353 IPC and section 135 of the Electricity Act.

It appears that notice was issued to O.P. Nos. 4 and 5 and the case was directed to be listed alongwith Cr. M.P. No.34/2007, Cr. M.P.

No.35/2007, Cr. M.P. No.586/2006 and Cr. M.P. No.156/2008 and it was also ordered that in the meantime, no coercive steps shall be taken against

the petitioner.

The case was adjourned time to time and the interim order continued.

On 13.01.2017 this case was released from the co-ordinate Bench and after taking permission from Hon'ble the Chief Justice the case is listed

before this Bench on 20.01.2017 and on 24.03.2017 the case was directed to be listed after summer vacation and the case was again adjourned time

to time.

On 26.06.2018 I.A.no. 4994/2018 has been filed by the petitioner in Cr. M.P.No.221/2008 stating therein that after completion of investigation of

Ramgarh P.S.case no.32/2008, final form bearing no.279/2016 has been submitted under section 379,147,342,504 & 353 IPC and section 135 of the

Electricity Act, but the Court has declined to pass any order on 03.02.2017. On 03.02.2017, learned Addl. Sessions Judge-I, Ramgarh passed the order

that final form under sections 379,147,342,504 & 353 and section 135 of the Electricity Act has been submitted, but the court has no power to take

cognizance of the offences falling under Electricity Act. So the court has sent the case records to the court having jurisdiction to proceed as per law.

Thereafter, learned C.J.M. Vide order dated 28.07.2017 has taken cognizance under sections 379,147,342,504 & 353 IPC and section 135 of the

Electricity Act and a report was called for from learned CJM, Ramgarh as to under what circumstances he has taken cognizance under IPC and

Electricity Act.

Further, the Registrar General of this Court was also directed to submit a detailed report regarding the notification as to how many Special Courts

under section 153 of the Electricity Act has been established within its territorial jurisdiction and further whether any notification has been issued under

section 153 and 154 of the Indian Electricity Act, whereby Ist Addl. Sessions Judge has been authorized as Special Court for the cases under the

Electricity Act. Section 153 of the Electricity Act reads as under:

“153. Constitution of Special Courts â€" (1) The State Government may, for the purposes of providing speedy trial of offences referred

to in, by notification in the Official Gazette, constitute as many Special Courts a may be nece4ssary for such area or areas, as may be

specified in the notification.

(2) A Special Court shall consist of a single Judge who shall be appointed by the Stater Government with the occurrence of the High Court.

(3) A person shall not be qualified for appointment ass a Judge of a Special Court unless he was, immediately before such appointment, an

Additional District and Sessions Judge.

(4) Where the office of the Judge of a Special Court is vacant, or such Judge is ab sent from the ordinary place of sitting of such Special

Court, or he is incapacitated by illness or otherwise for the performance of his duties, any urgent business in the Special Court shall be

disposed of.

(a) by a Judge, if any, exercising jurisdiction in the Special Court.

(b) where there is such other Judge available, in accordance with the direction of District and Sessions Judge having jurisdiction over the

ordinary place of sitting of Special Courts, as notified under sub-section (1).

Section 154 of the Electricity Act provides procedure and power of Special Court for every offence punishable under sections 135 to 140 and

section 150 of the Electricity Act, which shall be triable only by the Special Court within whose jurisdiction such offence has been committed.

Further, on 20.07.2018, office was directed to serve a xerox copy of the report the Registrar General of this Court as well as the report submitted

by District & Addl. Sessions Judge-I, Ramgarh to the counsel for the parties latest by 27.07.2018.

Again the case was heard on 03.07.2019 and the order was reserved and on 15.07.2019 the order was pronounced and the case was directed to be

listed on 07.08.2019 and on 07.08.2019 I.A.N0.4994/2018 was allowed with cost of Rs. 1500/- and the Cr. M.P.No. 221 of 2008 was heard at length.

Again on 08.11.2019 the matter was heard and on 20.11.2019 a detailed order was passed and report was called for from the Principal District

Judge, Ramgarh in terms of letter issued by Registrar General as to whether any court has been created or any court has been vested the power to try

the offence under Indian Electricity Act.

Further, the matter was listed on 04.12.2019 and the report dated 2. 12.2019 submitted by Principal District & Sessions Judge, Ramgarh has been

received, which reveals that two courts namely, Sri Sanjay Pratap, District & Addl Sessions Judge-I, Ramgarh and Sri Om Prakash, District & Addl

Sessions Judge-II, Ramgarh are working as special courts to try the offences under Indian Electricity Act. The matter again posted on 09.12.2019.

On 09.12.2019 when the case is called out, learned counsel for the petitioner has informed that the case is pending before Sri Sanjay Pratap,

District & Addl. Sessions Judge-I, Ramgarh.

Since, in the instant case, prayer has been made for quashing the entire criminal proceeding initiated against the petitioner under the Electricity Act

and during pendency of this case, final form has already been submitted by the police and cognizance has been taken, there is no question of quashing

the F.I.R. of the instant case.

In the facts and circumstances of the case, Ravindra Prasad, Manager of the petitioner company is directed to surrender before the Special Court

( Sri Sanjay Pratap, District & Addl. Sessions Judge-I, Ramgarh latest by 09.01.2020 and to pray for regular bail and in the event of his surrender, the

Court below shall enlarge him on bail, on furnishing bail bond of Rs. 30,000/-(Rupees thirty thousand) with two sureties of the like amount each to the

satisfaction of Special Court (Sri Sanjay Pratap, District & Addl. Sessions Judge-I, Ramgarh, in connection with Ramgargh P.S. Case No. 32/2008,

corresponding to G.R. No. 373/2008.

The petitioner is at liberty to raise all the points at the appropriate stage, which have been raised in this Cr. M.P.

With the aforesaid observation and direction, this Cr. M.P. No.221 of 2008 is disposed of.

Let a copy of this order be communication to the trial court through FAX.