Law: Criminal Procedure Code (V of 1898)

Section: 439, 192

Law: Electricity Act (IX of 1910)

Section: 39-A, 50

(a) Criminal Procedure Code (V of 1898) S. 439 read with Electricity Act (IX of 1910), Ss. 39-A & 50 and WAPDA Act (XXI of 1958), S. 12/20-Revision (crimi nal)-Prosecution initiated by a Line Superintendent, WAPDA, not duly authorised to do so by Ss. 12/20 of WAPDA Act- Institution of complaint against petitioner by such person, held illegal and Special Magistrate, WAPDA incompetent to proceed on such complaint-Conviction and sentence set aside, in circum stances. Nasibur-Rehman v. The State P Cr. L J 109 and Dina Nath v. Emperor A I R 1935 Lah. 191 rel. (b) Criminal Procedure Code (V of 1898) S. 192-Transfer of criminal case-Raiding Magistrate himself taking cognizance of case but realizing illegality transferring same to another Special Magistrate, WAPDA without any order from District Magistrate, as required under S. 192, Cr. P. C.--Whole of trial, held, suffered from illegality-Conviction set aside.--[Transfer of criminal cases). Date of hearing : 13th May, 1981.                                                                                                                         JUDGMENT This is a revision petition filed by Sh. Muhammad Hussain, petitioner, against the judgment of an Additional Sessions Judge of Lahore dated 8th April, 1981 dismissing his appeal, but reducing his sentence to the payment of fine of Rs. 2,000 only or in default to undergo three months' R. I. Earlier, the Special Magistrate WAPDA, Lahore, by his judgment dated 22nd August, 1979 had convicted the petitioner under section 379, P. P. C. read with section 39-A of the Electricity Act, 1910, and senten ced him to six months' rigorous imprisonment and a fine of Rs. 2,000 or in default to undergo further three months' rigorous imprisonment. 2. This revision petition, can be disposed of on a short ground as urged by the learned counsel for the petitioner, namely, that as no…