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2016 DIGILAW 536 (JHR)

Sanjeev Kumar v. State of Jharkhand

2016-03-30

PRASHANT KUMAR

body2016
ORDER : 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 whereunder 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 Section 153 of the Electricity Act, 2003 any offence enumerated under Sections 135 to 140 and Section 150 of the Electricity Act, 2003 can be tried by a Special Court. He further submits that as per Sub-Section 3 of Section 153 of the aforesaid Act, a Magistrate is not qualified to be appointed as a Special Judge. The aforesaid Section 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 Section 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. 4. Having heard the submission, I have gone through the record of the case. Section 153 of the Electricity Act, 2003 runs as follows:- “153. Constitution of Special Courts:- (1) The State Government may, for the purposes of providing speedy trial of offences referred to in (Sections 135 to 140 and Section 150) by notification in the Official Gazette, constitute as many Special Courts as may be necessary 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 State Government with the concurrence of the High Court. (3) A person shall not be qualified for appointment as a Judge of a Special Court unless he was, immediately before such appointment, an Additional District and Sessions Judge. (2) A Special Court shall consist of a single Judge who shall be appointed by the State Government with the concurrence of the High Court. (3) A person shall not be qualified for appointment as 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 absent 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 no such other Judge available, in accordance with the direction of District and Sessions Judge having jurisdiction over the ordinary place of sitting of Special Court, as notified under sub-section (1).” 5. From perusal of the aforesaid provision, it is clear that an offence under Section 135 is required to be tried by the Special Judge. As per Sub-Section 3 of Section 153 of the Electricity Act, 2003 only an Additional District and Sessions Judge can be appointed as Special Judge. Admittedly, the learned S.D.J.M. Giridih has not been notified as a Special Judge. It is also admitted at the bar that Special Judge under the Electricity Act, 2003 has already been notified by the State Government in the District-Giridih. Under the said circumstance, I find that the learned S.D.J.M. Giridih has no jurisdiction to try this case. Thus, the impugned order passed by the learned S.D.J.M. Giridih cannot be sustained. Accordingly, I allow this criminal revision application and the impugned order is set aside. 6. Before parting with the case, I direct the learned Principal District Judge, Giridih to transfer the case bearing T.R. No. 496-A of 2014 in the file of the Special Judge, Giridih for trial, who shall proceed in the case from the stage of framing of charge. Revision allowed.