ROHIT Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) This is a petition for quashing the criminal complaint filed by the respondent-BSES Rajdhani Power Limited against the petitioner under Section 135 of Electricity Act read with Sections 151 and 154 thereof. The case of the complainant, in nutshell, is that during inspection/raid, conducted by its officials on 26th February, 2007, at the back portion of factory of one Ballan Singh, in Khasra No. 5, Village Kamruddin Nagar, Nangloi, it was found that the accused persons were indulging in direct theft of electricity by tapping BSES lines and connecting to a change over switch from where three phases were distributed to plastic moulding and mixing machines. The entire load in the premises was found running direct from BSES RPL System. The officials of BSES had to enter the premises by jumping from the gate, which had been intentionally closed on seeing them and police officials and in order to avoid inspection.

(2.) The scope of exercise of power under Section 482 Cr.P.C. and the categories of cases where the High Court may exercise power under it, relating to cognizable offences, to prevent abuse of process of any court or otherwise to secure the ends of justice were set out in State of Haryana v. Bhajan Lal, 1992 AIR(SC) 604. The illustrative categories indicated by the Hon'ble Supreme Court are as follows:

(3.) It has been specifically alleged in the complaint that the petitioner was one of the persons who was using the electricity by committing theft from BSES lines. Whether the petitioner was actually one of the users or not is a matter which requires investigation during trial. Suffice it to say that the name of this petitioner, as one of the users, finds mention in the Inspection Report - (Meter Details) Annexure-6 to the petition against column "Remarks". Three persons, namely, Raj Singh, Mahavir and Rohit, are shown as the users and the address shown is back side of K. No. 2631J0510057, Khasra No. 5, Village Kamruddin Nagar, Nangloi. The observations made in the Inspection Report also show that it was a case of direct theft by tapping from BSES lines. Column 2.2 of the Inspection Report, placed on page 36 of the file, shows that three persons Raj Singh, Advocate, Rohit and Mahavit have been shown as user and the address shown is back side of K. No. 2631J0510057, Khasra No. 5, Village Kamruddin Nagar, Nangloi. Obviously, K. No. 2631J0510057 is the electric connection installed in the factory of Ballan Singh.