Full Order Text
Order 6 · 23 May 2026 · CNR DLET010074402024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: SC 1231/2024 STATE (BSES) VS. KRISHAN PAL FIR No.344/2022 PS HARASH VIHAR 23.05.2026 Present: Sh.Gaurav Singh, Ld. Addl. PP for the State. Sh. Mukesh Sharma, AR for the Complainant. Accused in person. Sh. Rahul, Ld. Counsel for accused through VC. Ld. Counsel for accused submits that he has filed an application for dropping of the proceedings/discharge of the accused. Arguments heard on the said application. It is submitted that there is no iota of evidence against the accused Krishan Pal because the property documents which are placed on record pertain to Khasra No.13/1, Property No. A- 323, Village Saboli, Radha Vihar, Shahdara, Delhi-110093. He further submits that the address of the inspected premises is different from the address of the accused. Ld. Addl. PP assisted by the AR of the complainant company submits that IO, after due investigation, has identified the inspected premises as belonging to accused Krishan Pal. If the electricity theft was not going in the premises of the accused and the property on which inspection was carried out, is different, the same is matter of trial and can be proved in the course of the same. Law regarding the framing of notice/charge is very clear that at the stage of framing of notice/charge, the case of the prosecution is to be taken as true and then it has to be seen -- 1 of 2 -- whether essential ingredients for the offence are made out or not. Moreover, Ld. Counsel for accused has not placed on record any material so as to prima facie shows that the inspected premises is different from the premises of the accused. It is only a bald assertion. In addition to the same, the videography of the inspection proceedings which has been given to the accused, is once again played and shown to the accused who admitted that the premises as appearing in the videography are his premises only. Ld. Counsel for accused has also not made the submissions that the premises shown in the videography are different from the premises of the accused. Therefore, there is no substance in the submissions of the Ld. Counsel for accused and the application of the accused seeking his discharge stands dismissed. Put up on 28.07.2026 for framing of notice. (ASHISH RASTOGI) ASJ-05(Electricity)/East Karkardooma Courts Delhi /23.05.2026 -- 2 of 2 --