Jdvvnl vs Smt. Fambu Devi
2022 Latest Caselaw 5813 Raj

                                        (1 of 2)                  [CRLA-1209/2016]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Appeal No. 1209/2016

Jodhpur Vidhyut Vitran Nigam Limited, Through Executive
Engineer, Cd-1, Bikaner Raj
                                                                   ----Appellant
                                    Versus
Smt. Fambu Devi W/o Shri Bhanwar Lal, 5/82 Mukta Prasad
Nagar, Bikaner.
                                                                 ----Respondent


For Appellant(s)          :     Mr. Pradeep Sharma
For Respondent(s)         :     Mr. Bhagirath Ray Bishnoi



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

21/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     The defects pointed out by the office are overruled.

     The appellant has preferred the present appeal claiming the

following relief:-


      "It is, therefore, most humbly and respectfully prayed
      that appeal may kindly be allowed and impugned
      judgment dated 05.05.2016 passed by ADJ 01 Bikaner
      in criminal session case no. 14/2012 may kindly be set
      aside and consequent to it respondent accused may
      kindly be convicted and sentenced as per law."

     The incident happened when the vigilance team visited at

House No.5/82, M.P. Nagar, Bikaner and found that the meter was


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                                                                          (2 of 2)                 [CRLA-1209/2016]



                                   tempered as there were remote, by which, the meter could be

                                   controlled. Learned counsel further submits that the details were

                                   proved.

                                        Learned counsel for the accused-respondent submits that the

                                   so called apparatus was not under use and no independent

                                   witnesses has been examined.

                                        This Court, after seeing the record of the case, is inclined to

                                   dispose of the present appeal, while directing the accused-

                                   respondent to fulfill his civil liability to the tune of Rs.11,675/-

                                   without making any interference in the impugned order.

                                        It is made clear that the amount already paid in lieu of the

                                   liability, shall be excluded from such amount.

                                        All pending applications stand disposed of.



                                                               (DR.PUSHPENDRA SINGH BHATI), J.

51-Zeeshan

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