DHARMPAL SINGH RAJPOOT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record.

(2.) The present application under Sec. - 528 BNSS has been filed with the following prayer :-

(3.) It is submitted by learned counsel for the applicant that applicant is working as Assistant Engineer in Dakshinanchal Vidyut Vitran Nigam Limited and that on 27/4/2018 a raid was conducted at the residential premises of complainant, wherein theft of electricity was detected and a report to that effect was prepared. The responsibility regarding calculation of due amount is of Distribution Cell of the corporation, which has assessed the same as Rs.11,51,348.00. The provision of Sec. - 126 Electricity Act provides about assessment. It is further submitted that applicant falls within the definition of public servant for the purpose of Sec. - 197 Cr.P.C. and he is also entitled for protection under Sec. ? 168 of Electricity Act. The opposite party no.2 has filed the complaint making false and baseless allegations. As per allegations of complainant, on 20/6/2018 he reached in the office of applicant and at his instance he has given an amount of Rs.5.00 lakhs to one Rohit Babu in presence of Dhanush Singh, whereas the real fact is that from 21/5/2018 to 16/6/2018 applicant was on leave and during that period charge of applicant was given to Engineer Shatrughan Singh. Said Rohit Babu has not been summoned by the learned Trial court. There are material contradictions in the version of complainant. Alleged raid was conducted on 27/4/2018 but as per the version of complainant he was in touch with Rohit Babu from 25/4/2018. The complaint lodged by the opposite party no.2 is nothing but a counter blast to the checking / raid done at his premises and no case under Sec. - 384, 420, 467, 468, 471, 506 I.P.C. is made out.