Order 1

Order Details: COPY OF ORDER
Pdf Text: CT No.1/2024
BSES YPL V/S M/S Gawar Construction & Ors.
Fresh complaint filed. It be checked and registered.
11.01.2024
Present. Sh. Shiv Dutt Kaushik, Ld. Counsel for
complainant.
Sh. Mukesh Sharma, AR of the complainant.
CW1 Sh. Mukesh Sharma and CW2 Sh. Mriganka
Ghosh (Deputy General Manager) are examined and discharged.
AR of the complainant company submits that he
does not want to examine further witness in pre-summonig
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-summong
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 for the commission of offences
punishable U/s 138/139/140 of the Electricity Act. The pre-
summoning evidence led by the complainant company has been
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perused. In support of the complaint, complainant company has
examined CW1 Sh Mukesh Sharma, AR who has filed his
affidavit Ex.CW1/A. By way of said affidavit, he has brought on
record the GPA as Ex.CW1/2 which authorizes him to file the
complaint case which is Ex.CW1/1. The complainant has also
examined CW2 who has filed his affidavit Ex.CW2/A and proved
the relevant documents inspection report, photographs of
damaged cables of BSES YPL and complaint lodged at PS
Khahuri Khas.
It is submitted by AR of the complainant company
accused company is a construction company and doing
development of Six Lane Access Controlled in Uttarpradesh
portion of Delhi-Shaharanpur Highway from Akshardham
Junction to UP. It is also submitted that while shifting of BSES
Lines from ROW of NH-709B, accused company has damaged
the BSES cable i.e. High Tension Cable causing dangers to safety
to the public at large and also violated the Regulation of Central
Electrical Authority, 2010. It is further submitted that
development works are going on under the supervision of Sh.
Dharamveer Sharma employee of accused company and Sh.
Sanjay Jain, Project Head of the accused company and thus, they
are responsible and liable for the alleged offences It is also
submitted that a complaint was also lodged against the accused
persons with SHO, PS, Khajuri Khas but no action taken.
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
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inspection report and photographs of the damaged cables placed
on record, this Court is of the view that there is sufficient prima-
facie material to summon the accused persons in this case for the
offence punishable under Section 138, 139 & 140 of Electricity
Act, 2003.
Let accused persons be summoned on filing PF to
face trial on 08.02.2024. Summons be sent through all modes.
(Gautam Manan)
ASJ (Electricity)
KKD/East/11.01.2024
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