M.P. Paschim Kshetra Vidyut Vitran ... vs Mohd.Yunis
2025 Latest Caselaw 9565 MP

Madhya Pradesh High Court

M.P. Paschim Kshetra Vidyut Vitran ... vs Mohd.Yunis on 22 September, 2025

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

          NEUTRAL CITATION NO. 2025:MPHC-IND:27695




                                                               1                         MCRC-25159-2020
                              IN        THE    HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          BEFORE
                                        HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                ON THE 22nd OF SEPTEMBER, 2025
                                              MISC. CRIMINAL CASE No. 25159 of 2020
                             M.P. PASCHIM KSHETRA VIDYUT VITRAN COMPANY LIMITED
                                                     Versus
                                                 MOHD.YUNIS
                           Appearance:
                                   Shri Anshuman Shrivastava - Advocate for the applicant.

                                   Shri Anurag Vyas, learned counsel for the respondent [R-1].

                                                                   ORDER

1. Heard on the application filed under section 378(4) of the Cr.P.C for Leave to Appeal from the judgment of acquittal dated 30.01,2020 passed in Special Case No. 185/2019 by the Special Judge (Electricity Act, 20.03), Ujjain (M.P.).

2. Learned counsel for the applicant / Madhya Pradesh Paschim Kshetra Vidut Vitaran Company Limited, in addition to the facts and grounds mentioned in the application for leave to appeal, submits that the

respondent was found committing theft of electricity in the inspection dated 14/06/2018. Accordingly, a panchanama was prepared by the Inspecting Officer, Junior Engineer S.K. Bhavsar (PW-3). The Panchanama is also singed by respondent /accused Mohd Yunis. Learned counsel referring to the evidence of Junior Engineer S.K. Bhavsar (PW-3), Assistant Engineer V.K. Malik (PW-2) and Lineman Raghuveer Singh Bhati (PW-1), contends that

NEUTRAL CITATION NO. 2025:MPHC-IND:27695

2 MCRC-25159-2020 the complainant has proved theft of electricity and service of final assessment report. Learned trial Court has committed error in acquitting respondent / accused Mohd. Yunis merely for the reason that the wire used for bypassing meter was not seized and the assessment report was not served on him. The findings of the trial Court are erroneous, therefore, leave to appeal be granted and the memo of appeal be listed as appeal against acquittal.

3 . Per-contra, learned counsel appearing for the respondent submits that the trial Court, on minute assessment of the evidence on record, acquitted the respondent. There is no error in the impugned judgment, therefore, the application for leave to appeal is meritless.

4. Heard both the parties and perused the record.

5. Learned trial Court considered the evidence on record and gave reasoned findings in para - 9 of the impugned judgment. So far as the allegation with regard to theft of electricity by bypassing the meter is concerned, the trial Court found that the wire for alleged bypassing the meter was not seized, which creates doubt on veracity of the prosecution. The complainant had failed to prove the service of assessment order. The trial Court in para nos. 11 and 12 concluded that the final assessment order was not served on the accused / respondent, therefore, there is non-compliance of sections 126 and 152 of the Electricity Act, 2003. The trial Court, consequently, concluded that the complainant has failed to prove the theft of electricity and loss of Rs. 47,688/- to the complainant / Company. The reasons assigned by the trial Court are based on the evidence on record.

NEUTRAL CITATION NO. 2025:MPHC-IND:27695

3 MCRC-25159-2020 Apparently, there is no error in the impugned judgment. There is no misreading or misappreciation of the evidence or ignorance of any material evidence by the trial Court, therefore, in the considered opinion of this Court, no case is made out for leave to appeal from the impugned judgment of acquittal dated 30.01.2020.

6. Consequently, the application filed under section 378(4) of the Cr.P.C for leave to appeal and the MCRC is dismissed.

7. Let a copy of this order be forwarded to the concerned trial Court along with the record.

CC as per rules.

(SANJEEV S KALGAONKAR) JUDGE

amol