Punjab-Haryana High Court
Dakshin Haryana Bijli Vitran Nigam vs Prabhu Ram & Ors on 5 December, 2014
Author: Rekha Mittal
Bench: Rekha Mittal
Crl. Misc. A 1635 MA of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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Crl. Misc. A 1635 MA of 2014
Date of decision: 05.12.2014
Dakshin Haryana Bijli Vitran Nigam ........ Appellant
Versus
Prabhu Ram and others .......Respondents
Coram: Hon'ble Mrs. Justice Rekha Mittal
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Present: Mr. Pardeep Singh Poonia, Advocate
for the appellant
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1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in
the Digest?
Rekha Mittal, J.
The complainant has filed an application under Section 378(4) of the Code of Criminal Procedure (in short, 'Cr.P.C.') for grant of leave against the judgment of acquittal dated 04.06.2014 passed by the Additional Sessions Judge, Fatehabad.
Counsel for the complainant/appellant submits that the learned trial Court has committed a grave error in holding that the complainant has failed to substantiate the charge framed against the respondent, therefore, the application for leave appeal may be allowed.
I have heard counsel for the appellant and perused the judgment passed by the trial Court.
The allegations against the accused are that on 03.12.2009, a raiding party headed by Shri J R Salora, AGM/Enforcement, Hisar conducted raid in presence of accused Prabhu Ram and checking report LL- MOHAN LAL BIMBRA 2014.12.15 10:39 I attest to the accuracy and authenticity of this document Chandigarh Crl. Misc. A 1635 MA of 2014 2 1 No. 17/3340 dated 03.12.2009 was prepared and a copy thereof was handed over to the accused. During checking of electric meter, it was found stopped by using three loops from incoming to outgoing fuse grips and load was running directly through red colour loops. Photographs were taken at the spot. Connected loops were removed and taken into possession by Shri Rishi Ran, AFM.
During course of evidence, the complainant examined Shri Gulshan Kumar Wadhwa, SDO (PW1) and Shri J R Salora, AGM, Enforcement, Hisar (PW2).
The learned trial Court has recorded acquittal of the accused primarily on three counts. (i) it was necessary for the complainant to produce on file the artificial means which were being used by the accused persons for committing theft i.e. wire loops which were statedly taken into possession by the checking team; (ii) non-production of photographs clicked at the time of checking; and (iii) the meter was not removed and got checked from M&T Lab to seek report whether the electricity meter was tampered with or not.
Counsel for the appellant is not in a position to controvert these factual findings recorded by the Court. In absence of producing relevant and material evidence on record, I do not find any error much less illegality in the judgment passed by the trial Court holding in favour of the accused and, therefore, I do not find any merit in the contentions of the appellant that leave to appeal deserves to be allowed.
Dismissed.
(Rekha Mittal) Judge 05.12.2014 mohan MOHAN LAL BIMBRA 2014.12.15 10:39 I attest to the accuracy and authenticity of this document Chandigarh