CHANDRAKANTA Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to set aside the impugned order dated 16.06.2015, passed by learned Chief Judicial Magistrate, Haridwar, in complaint case no. 3798 / 2014, Chandrakanta vs Executive Engineer and others, as also order dated 12.01.2017, passed by III Addl. Sessions Judge, Haridwar, in criminal revision no. 385 of 2015, Smt. Chandrakanta vs State of Uttarakhand and others.

(2.) Respondent no. 4 lodged an FIR against the applicant for theft of electricity on 19.09.2007, which was registered as case crime no. 249 of 2008. Sub Divisional Officer U.P.C.L., Ramnagar, Roorkee wrote a letter dated 23.01.2008 to the Executive Engineer that after inspection it was found that no case of theft of electricity is made out against the applicant. Despite that, Investigating Officer, after conducting investigation the case, filed charge sheet against the applicant on 28.02.2008 only on the basis of statements of employees of Electricity Department and did not consider the report dated 23.01.2008.

(3.) After filing of charge sheet, trial commenced against the applicant, which was numbered as Special Sessions Trial no. 169 of 2008. On 23.11.2013, during the pendency of trial, an application under Section 239 Cr.P.C. was filed by the complainant stating that the complainant is not interested in prosecuting the applicant and the proceedings initiated against her be quashed. After considering said application, learned Sessions Judge, Haridwar, discharged the applicant and closed the proceedings of S.S.T. no. 169 of 2008.