Shyam Malik vs Bses Rajdhani Power Ltd.
2010 Latest Caselaw 5788 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. 3816/2010
%                                                                   20.12.2010

       Shyam Malik                                        ... Petitioner
                              Through: Mr. Rajat Sharma, Advocate

               Versus


       BSES Rajdhani Power Ltd.              ... Respondent
                        Through: Mr. Sunil Fernandes, Standing Counsel
                        with Mr. Deepak Pathak, Advocate


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 Section 482 Cr.P.C. for quashing/setting aside the summoning order dated 11th August, 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. Various reasons are given as to why petitioner was falsely involved.

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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