SUSHIL SHARMA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Aggrieved by the order on charge dated 04.07.2008 and framing of charge under Section 147/148/186/353/332/342 read with section 149 IPC and under Section 135 of the Electricity Act by the learned Special Judge (Electricity), the present revision petition has been filed by the petitioners.

(2.) Factual matrix, as emerges from the record, is that BSES Rajdhani Power Limited (respondent no.2) filed a criminal complaint under Section 135 read with section 150/151 of the Electricity Act, 2003 before the learned Special Judge (Electricity) against the petitioners Sushil Sharma, Pradeep and Bal Kishan (since deceased) with the allegations that they were involved in the electricity theft. The Delhi Police also filed separate charge sheet in FIR No.1258/2005, PS Nangloi against the petitioners and Bal Kishan (since deceased) for offence punishable under Section 147/148/149/186/353/332/ 342/379/34 IPC and under Section 135 of the Electricity Act. Both the cases i.e. the complaint filed by BSES Rajdhani Power Limited and the charge sheet filed by the police were clubbed by the learned Special Judge.

(3.) The learned Special Judge passed the order on charge on 04.07.2008 and framed the charge against the petitioners to which they pleaded not guilty. Feeling aggrieved of the passing of order on charge and framing of charge on 04.07.2008, the petitioners have preferred the present revision petition to set aside the order and charge.