Madhya Pradesh High Court
M/S Vinayak Translines vs The State Of Madhya Pradesh on 15 May, 2018
THE HIGH COURT OF MADHYA PRADESH
M.CR.C. No.18463/2018
(M/s Vinayak Translines through its Properietor Krishnamurti Vs. State of M.P. &
others)
1
Jabalpur, Dated : 15-05-2018
Shri Sharad Gupta, learned counsel for the petitioner.
Shri Pramod Choubey, learned Govt. Adv. for the
respondents/State.
The vehicle (Trailer) bearing registration No. KA 01-AA- 9657 has been seized in connection with Criminal Case No.143/2018 at Police Station, Khurai District Seoni.
It is claimed that the applicant is the registered owner of the Trailer. On behalf of the applicant an application under Section 451 r/w 457 of Cr.P.C. has been filed on 25.04.2018 but same could not be disposed of as the notification of the Special Court under the Electricity Act has not been made.
It is also contented that applicant's vehicle Trailer is transporting heavy machinery from BHEL, Bhopal to Telangana. If the vehicle is allowed to stand for a long time, it will not only be loss to the applicant but also the consignment could not reach to its destination at Telangana and the work will be held up.
Learned counsel for the petitioner drawn the attention of the Court to provision of Section 153 of the Electricity Act, 2003, wherein in it is provided that any such notification, in absence of the Sessions Judge having jurisdiction over the ordinary place of sitting of special Court, may himself or direct and authorized any Court to dispose of the petition.
Learned counsel for the Govt. Advocate for the respondent/State, fairly conceded that there is such provision under Section 153 of the Electricity Act, 2003.
THE HIGH COURT OF MADHYA PRADESH M.CR.C. No.18463/2018 (M/s Vinayak Translines through its Properietor Krishnamurti Vs. State of M.P. & others) 2 It would be appropriate to reproduce the provision of Section 153 (4) Cr.P.C. of the Electricity Act, 2003, for reference.
"(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)."
Considering the above provision and considering the fact that the vehicle can not be allowed to stand indefinitely, specially when it is carrying a consignment of Telangana learned Sessions Judge, Seoni is requested to take necessary action in pursuant to the provisions of Section 153 of Cr.P.C. for disposal of the application under Section 451 r/w 457 of Cr.P.C. filed by the applicant at the earliest.
C.C. today.
(Sushil Kumar Palo) Judge SM Digitally signed by SARSWATI MEHRA Date: 2018.05.16 13:15:15 -07'00'