Electricity Act

imteyaz farooquee (Querist) 27 October 2010 This query is : Resolved
Dear experts,
please suggest, can a Judicial Magistrate,Ist class's court try the cases of Electricity Act,while in new ammended Act (Electricity Act,2003) Special court ,not below the rank of Addl.Sessions Judge, can try and dispose of the cases ?

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Devajyoti Barman (Expert) 27 October 2010
In West Bengal it is only the Special Judge of the rank of ADJ can try such offence.

R.Ramachandran (Expert) 27 October 2010
Judicial Magistrate Ist Class, is in the rank of Additioal District & Sessions Judge and therefore he can try the case.

bhupender sharma (Expert) 27 October 2010
Under the said Act under section 153 and 154 the special judge of the rank of Additioal Session Judge is empowered to try the matter.
As stated by the the EXPERT Ramachandran there is no such hiarchy in the judicial system please refer to section 6 and 9 of the Code of Criminal Procedue 1973.

Arun Kumar Bhagat (Expert) 27 October 2010
Judicial Magistrate can not try this case.

SAANJAAY GUPTAA (Expert) 27 October 2010
as per law the spl.judge has only power to trial the matter under electricity act.

Devajyoti Barman (Expert) 27 October 2010
Judicial Magistrate is never a officer of the rank of Additional District Judge and hence can never try such offence.

s.subramanian (Expert) 29 October 2010
Mr.Ramachandran is not correct. JM First Class is not Adj. He cannot try.

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