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State of Andhra Pradesh - Section

Section 65 in Andhra Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 1999

65. [ Applicability of provisions of Indian Penal Code and Criminal Procedure Code. [Inserted by Regulation No. 8, dated 28.8.2000.]

(1)In terms of Section 52 of the Reform Act, proceedings before the Commission shall be deemed to be judicial proceedings and Commission shall be deemed to be a Civil Court as specified in the said Section read with applicable provisions of the Indian Penal Code and the code of Criminal Procedure 1973.
(2)The extracts of the relevant provisions of the Indian Penal Code and Criminal Procedure Code are as under:
(i)Section 193.
Punishment for false evidence: -Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.Explanation 1. - A trial before a Court-martial a [* * *] is a judicial proceeding.Explanation 2. - An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
(ii)Section 219.
Public servant in judicial proceeding corruptly making report, etc.,contrary to law:-Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
(iii)Section 228.
Intentional insult or interruption to public servant sitting in judicial proceeding:-Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(iv)Section 345.
Procedure in certain cases of contempt:-
(a)When any such offence as is described in Section 175, Section 178, Section 179, Section 180 or Section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of any civil, criminal or revenue Court, the Court may cause the offender to tbe detained in custody and may, at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why the should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.
(b)In every such case the Commission shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.
(c)If the offence is under Section 228 of the Indian Penal Code (45 of 1860), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
(v)Section 346.
Procedure where Court considers that case should not be dealt with underSection 345: -
(a)If the Court in any case considers that a person accused of any of the offences referred to in Section 345 and committed in its view of presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under Section 345, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, of if sufficient security is not given shall forward such person in custody to such Magistrate.
(b)The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.]
Annexure-1Form I(See Regulation 10)General Heading for ProceedingsBefore The Andhra Pradesh Electricity Regulatory Commission, HyderabadFile No. :Case No. :(To be filled by the Office)In The Matter of :(Gist of the purpose of the petition or application)AndIn The Matter of :(Names and full addresses of the petitioners/applicants and names and full addresses of the respondents)Annexure - IIForm 2(See Regulation 11)Before The Andhra Pradesh Electricity Regulatory Commission, HyderabadFile No. :Case No. :(To be filled by the Office)In The Matter of :(Gist of the purpose of the petition or application)AndIn The Matter of :(Names and full addresses of the petitioners/applicants and names and full addresses of the respondents)Affidavit verifying the petition/reply/applicationI, AB, son of...................................... aged................................ residing at...................do solemnly affirm and say as follows: