V.Bhargava, J. - (1.) These fifteen applications were presented before a learned single Judge of this Court invoking Its powers under S, 561A Cr. P. C. The powers were sought to be invoked in respect of fifteen different cases which are pending in the Courts of Magistrates in this State in various districts. In all these cases amongst the accused is the local electric supply company also. The designation ot the electric supply company varies from place to place. As an example, in Misc. case No. 2747 ot 1958 the supply company which is accused No. 1 is the U. P. Electric Supply Company Limited, Allahabad. In Misc. case No. 2746 of 1958 the first accused is the Agra Electric Supply Company, Limited. Agra, In case No. 1209 of 1959 the first accused is the Agra Electric Supply Company, Limited, Agra. It is not necessary to give the description of each electric supply company in each of these cases. It is enough to say that all these companies are incorporated under the Indian Companies Act, and the managing agents of these companies are M/s. Martin Burn Limited. In the heading in the complaint in case No. 2830 of 1958 the electric supply company alone is mentioned without mentioning through whom the company was impleaded as accused. In cases Nos. 2748. 2750, 2751, 2829 of 1958 and Nos. 47, 48 and 638 of 1959 the supply companies have been impleaded as accused through their respective Resident Engineers. In cases Nos. 504 and 506 of 1959 the companies have been impleaded through three different persons in each case and in case No. 2746 of 1958 the company has been impleaded through tour persons. In four cases Nos. 2747 and 2749 of 1958 and No. 505 and 1209 of 1959 not only have the companies been impleaded as accused but, in addition, certain other persons have also been impleaded as accused. These additional accused in these four cases are either the Governing Director or Directors of the managing agents Messrs. Martin Burn Limited or the Chief Engineer or the Resident Engineer of the company concerned. It appears however, that, even in cases where the only accused impleaded is the electric supply company concerned, the prayer at the end in the complaint is that the Magistrate after taking cognisance of the offence committed by the company should put on trial the Resident Engineer himself. One ground on which the powers of this Court are invoked by the applicants in these applications is that, on the facts given in the complaints and the prayers made in them, there was no, justification for the trial of the individuals, whether Resident Engineers or others in their personal capacity. Two other objections that were taken were based on grounds arising from the particular offences alleged to have been committed on the facts mentioned in the complaints. One set of cases relates to prosecutions under Section 47 of the Indian Electricity Act, 1910 for non-observande of the provisions of Clause (vi) (I) of the Schedule to that Act. Another set of cases related to the offence punishable under Rule 141 of the Indian Electricity Rules on the allegation of the non-observance or breach of Rule 54 of those rules. Learned counsel for the applicants in these applications urged that these prosecutions were not at all justified inasmuch P.s the provisions, the breach of which was alleged against the accused and was the subject-matter of the complaints, were such that their breaches might give rise to civil liabilities or to the liability of cancellation of licences or other penalty, but could not be the subject-matter of a criminal prosecution.
(2.) We have heard Mr. Jagdish Swarup for the petitioners and Mr. Gopal Behari for the U. P. Electric Inspector as also U. P. State.
(3.) When these applications came up for hearing before us a preliminary question arose as to whether, in the circumstances which have been mentioned above, this Court would be justified or would be acting properly in exercising its extraordinary power under Section 561A Cr. P. C. as prayed for by the applicants. It appears to us that the remedy which has been sought by the applicants is not appropriate and there are no sufficient grounds for the exercise of the power under Section 561A Cr. P. C. by this Court. In all these cases, summonses have been issued by the Magistrates for attendance of the accused. In some cases all the accused have put in appearance while in others only some have done so. In one case, we are told, proceedings have reached the stage where prosecution evidence has been recorded & only the recording of the defence evidence remains. It appears to us that the points which are being raised before us by means of these applications could have been easily raised and should appropriately have been raised by the accused before the Magistrates who had taken cognizance of these offences. If the points could be decided without recording any evidence, the Magistrates could have been requested to decide those points and drop the proceedings in case they came to the view that the prosecution could not proceed. The interpretation of the rules or the provisions of the Act must at the initial stage be left to the Magistrates concerned. It is for them to decide what are the rules the non-observance of which renders the person responsible for the observance of those rules liable for prosecution for the offence made punishable either under Section 47 of the Indian Electricity Act or under Rule 141 of the Indian Electricity Rules. We do not think that it will be at all proper for us to go into this question at this stage. If the accused invite a decision on these points at a preliminary stage and the Magistrate gives his decision one way or the other, the party aggrieved can always seek appropriate remedy by moving a revision application before the Sessions Judge or the District Magistrate requesting that; a reference be made to this Court and, if even! that request is refused, by presenting a revision application in this Court. That is the appropriate remedy which is provided under the provisions of the Code of Criminal Procedure and while such a procedure exists we do not think that we are called upon to exercise our extraordinary powers under Section 561A of Cr. P. C.;