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2019 DIGILAW 278 (ORI)

Hemanta Kumar Pattanayak @ Hemanta Pattanayak v. State Of Orissa

2019-04-04

S.K.SAHOO

body2019
JUDGMENT S.K.Sahoo, J. - Mr. Sashikanta Mishra, Principal Secretary to the Government of Odisha, Law Department is present. Learned Advocate General is also present. 2. In the affidavit filed by the Principal Secretary, it is mentioned that on the request of the Energy Department, the Home Department vide notification No.36643 dated 01.11.2006 notified the following five Courts as Special Energy Courts: (1) Additional District & Sessions Judge, Balasore; (2) 1st Addi. District & Sessions Judge, Berhampur, Ganjam (3) Additional District Judge, Additional Special Judge (Vigilance), Bhubaneswar. (4) 1st Addl. District & Sessions Judge, Cuttack; and (5) Additional District & Sessions Judge, Sambalpur. 3. It is further mentioned that proposal was also moved by the Energy Department to declare/establish at least one Court in each District as Energy Court, which was communicated to the Registrar (Administration) of this Court. 4. Learned Advocate General submits that steps shall be taken for opening of Special Courts as per the provisions under section 153 of the Electricity Act, 2003 at the earliest in each of the remaining districts and in the districts, where no Special Courts have been constituted so far, all the cases under section 135 of the Electricity Act, 2003 which relates to theft of electricity are being tried by the learned Magistrates and the parties are getting an appellate forum in the Court of Session. He made a categorical submission that no Court in the judgeship of Keonjhar District has not been declared as a Special Court so far under the Electricity Act, 2003. 5. The affidavit filed by the Principal Secretary is taken on record. 6. The personal appearance of the Principal Secretary to the Government of Odisha, Law Department, Bhubaneswar is dispensed with. 7. Heard the learned counsel for the parties. 8. In this application under section 407 of the Code of Criminal Procedure, 1973 the petitioners seek for transfer of Special Case No.49 of 2013 pending before the learned Special Judge, Keonjhar to the Court of learned S.D.J.M., Anandpur for disposal in accordance with law. 9. It is submitted by the learned counsel for the petitioners that after Nandipada P.S. Case No.1 of 2013 was instituted on 11.01.2013 on the written report of S.D.O., Electrical, Bidyadharpur, the F.I.R. was forwarded to the Court of learned S.D.J.M., Anandapur, on receipt of which G.R. Case No.15 of 2013 was registered. 9. It is submitted by the learned counsel for the petitioners that after Nandipada P.S. Case No.1 of 2013 was instituted on 11.01.2013 on the written report of S.D.O., Electrical, Bidyadharpur, the F.I.R. was forwarded to the Court of learned S.D.J.M., Anandapur, on receipt of which G.R. Case No.15 of 2013 was registered. After submission of charge sheet, the learned S.D.J.M., Anandapur transferred the case to the learned Sessions Judge-cum-Special Judge, Keonjhar where the aforesaid Special Case No.49 of 2013 was registered. The learned Special Judge, Keonjhar took cognizance of the offences under sections 341, 342, 294, 323, 353, 506/34 of the Indian Penal Code and section 135(e) of the Electricity Act on 16.08.2013 and charge has been framed under sections 342, 294, 332, 353, 506 of the Indian Penal Code and section 135(e) of the Electricity Act as per the order dated 04.05.2015. 10. Since as per the provisions of section 153 of the Electricity Act, 2003, no Special Court has been constituted in the district of Keonjhar, the learned S.D.J.M., Anandpur within whose local jurisdiction the cause of action arose, is the competent Court to try the offences. The learned Sessions Judge-cum-Special Judge, Keonjhar having not been declared as Special Court under section 153 of the Electricity Act, the order of taking cognizance as well as the order of framing of charge by the said Court cannot be sustained in the eye of law. Therefore, to secure the ends of justice, invoking suo moto inherent power under section 482 of the Code of Criminal Procedure, 1973 I quash the orders dated 16.08.2013 and 04.05.2015 passed by the learned Special Judge, Keonjhar in Special Case No. 49 of 2013 and direct transfer of the case to the Court of learned S.D.J.M., Anandpur, who on receipt of the case records from the Court of the learned Sessions Judge-cum-Special Judge, Keonjhar shall pass necessary order relating to taking of cognizance afresh after perusing the charge-sheet and other materials on record and then proceed with the case in accordance with law. 11. Since the case is of the year 2013, learned S.D.J.M., Anandpur shall do well to dispose of the case within a period of six months from the date of receipt of a copy of this order. 12. 11. Since the case is of the year 2013, learned S.D.J.M., Anandpur shall do well to dispose of the case within a period of six months from the date of receipt of a copy of this order. 12. A copy of the order be sent to the learned Special Judge, Keonjhar for transferring the case records of Special Case No. 49 of 2013 to the Court of learned S.D.J.M., Anandpur forthwith. 13. All other cases which involve offences under sections 135 to 140 and section 150 of the Electricity Act, 2003 which are now being tried by the learned Sessions Judge-cum-Special Judge, Keonjhar shall be sent back to the Court of learned S.D.J.M., Anandapur if the cause of action has arisen within the local jurisdiction of the said Court. 14. Let a free copy of this order be handed over to the learned counsel for the State. Case transferred to the Court of S.D.J.M Anandapur.