J.V.V.N.Ltd vs Mohd.Daud
2022 Latest Caselaw 5830 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                  S.B. Criminal Appeal No. 257/2012

J.v.v.n.ltd.
                                                                   ----Appellant
                                    Versus
Mohd.daud
                                                                 ----Respondent
                              Connected With
                  S.B. Criminal Appeal No. 258/2012
J.v.v.n.ltd.
                                                                   ----Appellant
                                    Versus
Barkat Ali
                                                                 ----Respondent


For Appellant(s)          :     Dr. GR Kalla
For Respondent(s)         :



     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.

     In S.B. Criminal Appeal No. 257/2012 :-

     The       present appellant has preferred the present appeal

claiming the following relief :-
    "It is, therefore, most humbly and respectfully prayed
    that this appeal may kindly be allowed and impugned
    judgment and order dated 14.10.2011 passed by the
    Special Court Electricity Offence, Jodhpur in Session Case


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    No.03/2011 may kindly be set aside and quashed and
    the respondent / accused may kindly be punished for
    offence under Section 135 & 138 of Electricity Act, 2003."

      The facts in brief are that there was an electricity connection

No.15020045 bearing meter no.693269 of respondent, for which,

a vigilance inspection was made on 22.03.2010 at about 5.45 PM.

      The learned trial court has found that no investigation report

pertaining to the meter no.693269 has been produced by the

appellant and no reason has been furnished as to why such

investigation report was not brought before the court. The Ex.D-3

VCR report was also tampered with. Thus, the reasons given by

the learned court below for acquitting the respondents are

justified.

      Hence,   the   present       appeal        is   dismissed.        All   pending

applications also stand dismissed.



       In S.B. Criminal Appeal No. 258/2012 :-

      The    present appellant has preferred the present appeal

claiming the following relief :-
    "It is, therefore, most humbly and respectfully prayed
    that this appeal may kindly be allowed and impugned
    judgment and order dated 13.10.2011 passed by the
    Special Court Electricity Offence, Jodhpur in Session Case
    No.02/2011 may kindly be set aside and quashed and
    the respondent / accused may kindly be punished for
    offence under Section 135 of Electricity Act, 2003."

      The facts in brief are that a vigilance inspection was made at

respondent's   house      pertaining        to    the     electricity     connection

no.15020218 bearing meter no.546269 on 22.03.2010.

      Learned trial court has acquitted the present respondent on

the ground that the meter itself was never produced and appellant

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                                   could not justify the delay in lodging the FIR and basic parameters

                                   like the seizure of the meter and sealing of the meter itself were

                                   not in consonance with law. The reasons given by the learned

                                   court below for acquitting the respondent are justified.

                                         Thus,     the   present      appeal       is    dismissed.   All   pending

                                   applications also stand dismissed.



                                                                  (DR.PUSHPENDRA SINGH BHATI), J.

34-Sudheer/-

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