G B S BHALLA Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of the aforesaid revision petition filed under Section 401 read with Sectiion 482 of the Code of Criminal Procedure (Cr.P.C.) read with Section 156 of the Electricity Act, 2003(hereinafter referred to as "the New Act ") challenging the correctness, legality and propriety of the orders dated 09.01.2007, 25.01.2007, 13.02.2007 and 11.05.2007 passed by learned ASJ dimissing the application filed by the petitioner to drop the proceedings and review of the order passed in Complaint Case No.70/2007 titled as BSES Rajdhani Power Ltd. Vs. Sh. Mukul Bhalla & Ors.)

(2.) BRIEFLY stating the facts of the case are that on 04.02.2006, BSES Rajdhani Power Ltd. (hereinafter referred to as "respondent No.5 ") enforcement team conducted an inspection at premises bearing Flat No.3095, D-3, Vasant Kunj, New Delhi belonging to the petitioner. On the basis of this inspection respondent No.5 filed a complaint on the same day with the police alleging stealing of electricity on the basis of which FIR No.43/2006 was registered at P.S. Vasant Kunj. It is thereafter the challan was prepared and filed on 02.08.2006 by the investigating agency. On the basis of challan summons were issued to the petitioner for appearance vide order dated 09.01.2007 to face charges u/s 135, 138 & 150 of Indian Electricity Act, 2003 as well as under Section 379 of IPC. The contents of the complaint read as under:

(3.) IT is the case of the petitioner that the cognizance taken by the Special Judge in this matter is violative not only of the provisions contained under Electricity Act, 2003 but also of Cr.P.C. It is submitted that: