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1993 Supreme(AP) 569

I.P.RAO
K. K. Maheshwari – Appellant
Versus
Rockhard Building Materials Limited – Respondent


IMMANENI PANDURANGA RAO, J.

( 1 ) THIS petition is filed under Section 482 Cr. P. C. for declaration that the taking of cognizance, of C. C. No. 185 of 1993 by the learned Xll th Metropolitan Magistrate, Hyderabad, is illegal and void and to quash the entire proceedings in the said C. C.

( 2 ) THE petitioners figure as accused Nos. l and 2 in C. C. No. 185 of 1993 on the file the XII Metroplitan Magistrate, Hyderabad and the offence alleged against themis one under Section 630 of the Companies Act, 1956. The learned counsel for the ptitioners submitted that since the offence is exclusively triable by a specially constitution Courtm anned by an officer in the cadre of District and sessions Judge at Hyderabad to deal with the specific offences, the learned magistrae is not competent to take cognizance of the offence and to proceed with the trial of the same. In support of his contention he relied upon G. O. Rt. No 734 Home (Courts-A) Department dated 13-3-1981, under which the Court of the Special Judge for Economic Offences manned by an officer of the cadre of the District and Sessions Judge was constituted at Hyderabad to deal with the offences arising under the enactments mentioned






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