HARYANA STATE ELECTRICITY BOARD Vs. RAVINDER KUMAR CHADHA

JUDGEMENT

(1.) HARYANA State Electricity Board through Executive Engineer, Operation Division, Shahabad Markanda, has filed this petition under Section 439(2) read with Section 482 Cr.P.C. for setting aside the order dated 6.11.1997 passed by the learned Additional Sessions Judge (II) 'Kurukshetra and for cancellation of bail granted to Ravinder Kumar Chadha respondent No. 1 in case FIR No. 829 dated 22.10.1997 under Sections 379, 482 and 484 IPC read with Section 39 of the Indian Electricity Act, Police Station, Shahabad.

(2.) AFTER hearing the learned counsel for the parties and going through the record and the order passed by the Additional Sessions Judge, Kurukshetra, I am of the considered view that no ground for cancellation of anticipatory bail is made out as it is not the case of the petitioner herein that after the petitioner was released on bail, he has not joined the investigation as directed by this Court or has tampered with the prosecution evidence in any manner or is attempting to do so. It is also not the case of the petitioner that the accused is likely to abscond and would not be available to the Court at the time of trial. A perusal of the order dated 6.11.1997 reveals disturbing and startling features of Judicial impropriety. It was not the case of the petitioner put forth before the learned Addl. Sessions Judge that disconnected power connection should be restored nor any such prayer during the course of arguments was made, still the learned Additional Sessions Judge was benevolent enough to grant that relief. That smacks something extraneous. The order directing the present petitioner to restore power connection to the petitioner amounts to misuse of judicial discretion in granting the relief. The way and manner in which the learned Additional Sessions Judge dealt with the matter cannot be appreciated at all rather the course adopted by him deserves to be deprecated. Therefore, while exercising the powers under Section 482 Cr.P.C. it is deemed proper and appropriate to strike down the part of the order dated 6.11.1997 whereby restoration of the power connection has been ordered. Accordingly, the order dated 6.11.1997 to the extent indicated above, is struck down. The petitioner shall be at liberty to take action in the matter in accordance with law. With the observations above, this petition stands disposed of. Petition disposed off.