Chhattisgarh State Power Distribution Company Limited v. Sukhdev Singh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Misc. Petition No.705 of 2019 • Chhattisgarh State Power Distribution Company Limited Through, Avadh Raj Singh, S/o Shri Salig Ram Singh, Working As Executive Engineer (City), West Bhilai, Chhattisgarh State Power Distribution Company Limited, District Durg Chhattisgarh. ---- Petitioner

Versus

• Sukhdev Singh S/o Shri Surjeet Singh Siddhu Aged About 46 Years R/o C-1 A/53 Surya Vihar, S V 14/08, District Durg Chhattisgarh.

---- Respondent ---------------------------------------------------------------------------------------- For the Petitioner : Shri Jitendra Pali and Shri Shantam Awasthi, Advocates For the respondent: None ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 24.4.2019.

1.

Heard on application for grant of leave to appeal under Section 378(4) of CrPC.

2.

This petition is preferred against the judgment of acquittal dated 30.4.2018 passed by Special Judge under the Electricity Act, 2003, Durg (CG) in Special Criminal Case No.1126/2013 wherein the said Court acquitted the respondent for the charges under Section 135 of the Electricity Act, 2003. 3.

It appears from the record that no single witness has been examined by the petitioner/complainant side before the trial court. In absence of any evidence, charges of abstraction of energy was not established. When it is of no evidence, there is nothing to

interfere with the order of the trial Court. It is not a case where the respondent should be called for full consideration of the matter. 4.

Accordingly, the application for leave to appeal is rejected. Consequently, the CrMP stands dismissed.

Sd/- (Ram Prasanna Sharma) JUDGE Bini