Krishan Kumar vs Govt. Of Nct Of Delhi & Anr.
2010 Latest Caselaw 5781 Del

             * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of Reserve: 13th December, 2010
                                              Date of Order: 20th December, 2010
+ Crl.M.C.No. 3850/2010
%                                                              20.12.2010

       Krishan Kumar                                  ... Petitioner
                            Through: Mr. C.S.Ratoure, Advocate &
                            Mr. Muntazir Mehdi, Advocate

              Versus

       Govt. of NCT of Delhi & Anr.                      ... Respondent
                         Through: Mr. Sunil Sharma, APP for the State
                         Mr. Sunil Fernandes, Standing Counsel
                         with Mr. Deepak Pathak, Advocate for BSES


JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

ORDER

This petition has been filed by the petitioner under Article 227 of the

Constitution of India read with Section 482 Cr.P.C. for quashing/setting aside

the summoning order dated 6th September, 2010 passed by the learned

Special Judge on a complaint of the respondent about theft of electricity. The

petitioner has sought quashing of complaint and the summoning order on the

ground that the petitioner was falsely involved by the respondent in a case of

theft of electricity. The inspection report of the respondent and the

consequential allegations that theft was committed by the petitioner have also

been assailed on the ground that the inspection report was false and it was

not in respect of the premises of the petitioner. The petitioner has relied upon

certain photographs filed with the complaint showing that the alleged cable

through which electricity was considered stolen was not coming into his

house.

It is obvious that the petitioner has raised disputed questions of facts in

this petition. This Court cannot adjudicate questions of facts in a petition

under Section 482 Cr.P.C. The petitioner has to approach the trial Court and

at the time of taking notice under Section 251 Cr.P.C., the petitioner has to

disclose his defence and prove the defence during trial. I find no force in this

petition. The petition is hereby dismissed.

December 20, 2010                        SHIV NARAYAN DHINGRA, J.
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