Supreme Court of India · 1983-05-11
STATE OF KARNATAKA vs ADIMURTHY ALIAS B. MOORTHY
- Citation / case number
- SC 1983/66046
- Court
- Supreme Court of India
- Petitioner
- STATE OF KARNATAKA
- Respondent
- ADIMURTHY ALIAS B. MOORTHY
- Author
- A.P. SEN
- Bench
- A.P. SEN
Judgment text excerpt
The Supreme Court held that Section 50 of the Indian Electricity Act, 1910 does not require that the authorization for lodging a complaint must be published in the official Gazette. The Court clarified that the phrase 'at the instance of' does not imply a command but allows for the prosecution to be initiated by the Electricity Board through its authorized officials. The acquittal by the Magistrate and the High Court was set aside, establishing that the Supervisor was competent to lodge the complaint, thereby correcting a manifest miscarriage of justice.