Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CT Cases / 20/2025
BSES YPL Vs. Dinesh kumar
22.01.2025
Fresh complaint case received. It be checked and
registered.
Present: Sh. Honey Kaushik, Ld. Counsel for complainant
company.
Sh. Mukesh Sharma, AR for the Complainant.
CW1 Sh. Mukesh Sharma and CW2 Sh. Vivek
Prajapati (Assistant Manager) examined and
discharged.
AR of the complainant company submits that he does
not want to examine further witness in pre-summoning evidence
and request is made for closing pre-summoning evidence. In this
regard, statement of AR of the complainant company is recorded
separately. Accordingly, pre-summoning evidence stands closed.
Arguments heard.
It is stated by the AR that the complainant company
has led the pre-summoning evidence in this case and examined
CW1 and CW2 who have proved the documents with regard to
theft of electricity on record and thus, there is sufficient evidence
for summoning of the accused in this case.
Perusal of the record reveals that the complainant
company has filed complaint U/s 151 r/w section 154(5) of the
electricity Act for the offences u/s 135 of the Electricity Act. The
pre-summoning evidence led by the complainant company has
been perused. In support of the complaint, complainant company
has examined CW1 Sh Mukesh Sharma, AR who has filed his
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affidavit Ex.CW1/A. By way of said affidavit, he has brought on
record the GPA and present complaint are Ex. CW1/1 and
Ex.CW1/2. The complainant has also examined CW2 who has
filed his affidavit Ex.CW2/A and proved the relevant documents
as Ex.CW2/1 to Ex.CW2/10 i.e. inspection report, load report,
seizure memo, Advisory notice, theft bill, certificate U/s 63 (4) of
BSA, RC of vehicle, Postal Receipt, demand notice and CD of
videography which are Ex.CW2/1 and CW2/10 respectively.
It is well settled principle of law that at the time of
summoning of accused, only prima-facie material is to be seen.
Perusal of the complaint, affidavit of CW1 and CW2 as well as
documents placed on record, this Court is of the view that there is
sufficient prima-facie material to summon the accused in this
case for the offence punishable under Section 135 of Electricity
Act, 2003.
Accused be summoned on filing of PF as well as all
modes for 28.02.2025.
(ASHISH RASTOGI)
ASJ-05(Electricity)/East
Karkardooma Courts
Delhi /22.01.2025
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