B. NARAYANA PRASANNA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The petitioner by way of the instant petition is invoking inherent powers of this Court as envisaged under Section 482 Cr.P.C. to assail the order dated 7th August, 2013 passed by the ACMM in case FIR No.39/2009, PS Anand Parbat and the order dated 6th May, 2014 passed by the ASJ, Tis Hazari Courts, Delhi in Criminal Revision Petition No.161/2013, by which the Revisionist Court dismissed the revision petition filed by the petitioner against the order of ACMM taking cognizance of the offence under Section 175 IPC and summoned the petitioner as an accused. Though both the orders are assailed by filing of the present petition, but the petitioner is primarily aggrieved by and challenging the order of the ACMM dated 7th August, 2013.

(2.) The main dispute is between the complainant Smt.Urmila Devi and the accused Smt.Kailash in respect of the suit property. The documents were submitted by Smt.Kailash at the time of grant of connection in her name at the said property. The department did not direct to furnish the original documents at the time of granting the connection along with the application form nor retained the same. The new connection was made way-back in the year 2008. The department has informed the SHO that the original file was not traceable and the photocopies of the documents were made available on 19th November, 2008.

(3.) During the investigation of the case bearing FIR No.39/2009, PS Anand Parbat, New Delhi registered on the basis of the complaint of one Smt.Urmila Devi, requests were made on 18th November, 2008 to the BSES Yamuna Power Ltd. (BYPL) to supply the documents pertaining to the Application for New Electricity Connection bearing No.N 114108091418 sanctioned in the name of Smt.Kailash at the premises of basement of Plot No.8/78, Industrial Area, Anand Parbat. On such request, the BYPL officials supplied the entire documents of the records so sought vide letter dated 19th November, 2008. Further, letter dated 2nd June, 2010, BYPL informed the concerned SHO that the original files of the said connection were not traceable, but the said matter was ordered to be re-opened by the Court and notice under Section 91 Cr.P.C. was served upon the office of BYPL to which by reply dated 9th July, 2013, the SHO concerned was informed that the original file was not traceable. The Police also searched for the original file in BSES office.