G B S BHALLA Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of the aforesaid revision petition filed under Section 401 read with Section 4,82 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 9. 1. 2007, 25. 1. 2007,13. 2. 2007 and 11. 5. 2007 passed by learned ASJ dismissing 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 Powerltd. v. Sh. Mukul bhalla and Ors.

(2.) BRIEFLY stated the facts of the case are that on 4. 2. 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 2. 8. 2006 by the investigating agency. On the basis of challan summons were issued the petitioner for appearance vide order dated 9. 1. 2007 to face charges u/s 135, 138 and 150 of Indian Electricity act, 2003 as well as under Section 379 of IPC. The contents of the complaint read as under:

(3.) THE present petition has been filed on behalf of the petitioner to assail the order taking cognizance of the offence and summoning order passed by the trial Court on the basis of a police report filed by the local police.