Supreme Court - Daily Orders
The State Of Andhra Pradesh vs M/S. Shalini Steels Private Limited on 30 November, 2017
Bench: N.V. Ramana, S. Abdul Nazeer
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1392 OF 2014
Appellant(s)
STATE OF ANDHRA PRADESH
Versus
M/S SHALINI STEELS PRIVATE LIMITED AND OTHERS Respondent(s)
O R D E R
This appeal by special leave is directed against the judgment and order dated 16.4.2010 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 528 of 2010, whereby the High Court dismissed the appeal filed by the State—appellant herein and upheld the order passed by the Special Court acquitting the accused— respondents herein of the charges levelled against them under Sections 135 and 138 of the Indian Electricity Act, 2003.
2. We have heard learned counsel appearing on behalf of the appellant–State as well as learned senior counsel appearing on behalf of the respondents and perused the Signature Not Verified records.
Digitally signed bySUKHBIR PAUL KAUR Date: 2017.12.07 12:37:57 PKT Reason:
3. The main contention of the respondents is that the 2 entire criminal proceedings initiated against them vitiate the case as there are material irregularities on the part of authorities. Most important irregularity is that when the alleged offence took place on 10.6.2003, the Inspector of Police, Vigilance Cell, A.P. Theft Squad was not the one of those officers empowered to investigate and levy charges under Section 151 of the Act, as it stood then.
4. The High Court took into consideration this particular irregularity and held that the complaint filed by the complainant—Inspector of Police is not maintainable. The High Court therefore opined that the acquittal of the accused recorded by the trial Court is justified, and accordingly upheld the trial Court’s Judgment. Aggrieved with the view taken by the Courts below, the State is in appeal before us.
5. During the course of arguments before us, learned standing counsel for the State has also not disputed the aforesaid fact. Even though she tried to place some material before us which was not placed before the Courts below, we are not inclined to delve into the matter further.
6. Looking at the facts of the case, in our view, 3 there is no reason for us to interfere with the impugned order passed by the High Court. The appeal is, accordingly, dismissed. Pending applications, if any, shall stand disposed of.
......................J. (N.V. RAMANA) ......................J. (S. ABDUL NAZEER) New Delhi, November 30, 2017.
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ITEM NO.105 COURT NO.9 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1392/2014
STATE OF ANDHRA PRADESH Appellant(s)
VERSUS
M/S. SHALINI STEELS PRIVATE LIMITED & ORS. Respondent(s)
Date : 30-11-2017 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE S. ABDUL NAZEER For Appellant(s) Ms. Bina Madhavan, Adv.
Mr. Mrityunjai Singh, Adv. For Mr. S. Udaya Kumar Sagar, Adv.
Mr. G. N. Reddy, AOR (Not present) For Respondent(s) Mr. A.K. Ganguly, Sr.Adv. Mr. Y. Raja Gopala Rao, AOR Mr. K. Sharat Kumar, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
Pending applications, if any, shall stand disposed of.
(SUKHBIR PAUL KAUR) (RENUKA SADANA)
AR CUM PS ASST.REGISTRAR
(Signed order is placed on the file)