DAKSHIN HARYANA BIJLI VITRAN NIGAM Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This is an application filed under Section 378(4) CrPC seeking permission to grant special leave to appeal against the judgment of acquittal dated 17.4.2014 passed by Additional Sessions Judge, Bhiwani, whereby the accused-respondent has been acquitted of the charge framed against him under Sections 135(1)(a)(i) of the Electricity Act, 2003.

(2.) Briefly stated, that facts of the case are that the present complaint under Section 135 read with Section 151 of the Electricity Act, 2003 was filed by the complainant-applicant against the respondent-accused on the ground that a raid was conducted at the residence of the accused on 4.8.2012 and during checking, it was found that the respondent-accused was committing theft of electricity. He was found using the middle phase of three phase meter by using a by-pass, making loop in coming with flexible wire. Checking report Ex.C1, order of assessment Ex.C2, notice to the consumer Ex.C3, application for lodging complaint against the accused Ex.C4 and the report of Ashwani Kumar Ex.C5 were also attached with the complaint.

(3.) The trial Court has framed charge against the accused-respondent on 19.3.2013 for the commission of offence punishable under Section 135(1)(a)(i) of the Electricity Act, to which, he pleaded not guilty and claimed trial.