VENKATESH, J. ( 1 ) SINCE common questions of law and facts arise in these petitions they were clubbed and heard together. ( 2 ) THE petitioners are being prosecuted under section 114 of the Karnataka Agricultural Produce Market (Regulation) Act, 1955 (the Act) in the Court of the I. M. F. C. Muddebihal, for alleged violations on their part of the. P. M. C. Talikoti. These three applications have been filed under section 482 of the Code of Criminal Procedure, 1973 (the Code) with a request to quash the prosecutions initiated against them. ( 3 ) THE main grounds urged by the learned counsel for the petitioners is that the learned Magistrate, having not been conferred with jurisdiction to try the offences arising under the Act, the initiation of the prosecution was void and the same deserves to be quashed. ( 4 ) ON the other hand, it was argued by the learned State Public Prosecutor and the learned counsel for the 1st respondent that the Court below has jurisdiction to deal with such matters and, therefore, there is no need to interfere in the proceedings. ( 5 ) THE provisions contained in Chapter XII of the Act provide for the prosecution of persons violating certain provisions of the Act, the rules etc. Though these provisions envisage the trial by Magistrates of the persons violating the relevant provisions of the Act, there is no specific provision in the Act empowering any class of Court with jurisdiction to try these offences and powers to impose penalties. ( 6 ) IN the circumstances, the Code has to guide us in the matter. It is so because the contravention of violation of the relevant provisions has penal consequences and are punishable with fine or with imprisonment. Such acts or omissions will amount to an offence within the meaning of Section 2 (n) of the Code. According to clause (n) offence means any act or omission made punishable by any law for the time being in force Where and how such offences should be tried is provided for in section 4 of the Code. Section 4 reads thus: 4 Trial of Offences under the Indian Penal Code and other Laws.
According to clause (n) offence means any act or omission made punishable by any law for the time being in force Where and how such offences should be tried is provided for in section 4 of the Code. Section 4 reads thus: 4 Trial of Offences under the Indian Penal Code and other Laws. All offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained: (2) All offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating, the manner or place of investigating, into trying or otherwise dealing with such offences. It is clear from sub-section (2) of Section 4 of the Code that in case of offences arising under any other law, if the special law does not provide for the manner of investigating, inquiring into, trying or dealing with such offences, the provisions of the Code (General Law) apply. ( 7 ) AS provided in section 3 (4) of the Code Where under any law, other than this code, the functions exercisable by a. Magistrate relate to matters which involve the appreciation a shifting of evidence or the formulation of any decision exposing any person to any punishment or penalty they shall, subject to the provisions of the Code, be exercisable by a Judicial Magistrate. Section 26 (b) of the Code says that any offence under any other law shall, when any Court is mentioned in this behalf be tried by such court and when no court is so mentioned may be tried by any other Court by which such offence is shown in the First Schedule to be triable. The Second part of the First Schedule to the Code. provides for the trial of offences arising under arty other law if it is cognizable and punishable with imprisonment for three years and upwards, but not more than seven years, by the Magistrate of the First Class, and if non-cognizable and punishable with imprisonment for less than three years or with fine only by any Magistrate.
provides for the trial of offences arising under arty other law if it is cognizable and punishable with imprisonment for three years and upwards, but not more than seven years, by the Magistrate of the First Class, and if non-cognizable and punishable with imprisonment for less than three years or with fine only by any Magistrate. This means that any Judicial Magistrate can try any offence aridity arising under the Act, in the instant cases the Court that has taken cognizance of the offences being the Court of the Judicial Magistrate, First Class, that Court is competent to try these offences. In the circumstances, the challenge to the orders of that court issuing process on the ground that it had no jurisdiction to try these cases is without any basis. ( 8 ) ACCORDINGLY, for the reasons aforesaid, these petitions are dismissed. Petitions dismissed.