Ajmer Vidyut Vitran Nigam Ltd vs Ramkishore
2022 Latest Caselaw 3487 Raj

(1 of 2) [CRLLA-94/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 94/2020

Ajmer Vidyut Vitran Nigam Ltd., Regd. Office Vidhyut Bhawan Panchsheel Nagar Makadwali Road Ajmer Through Executive Engineer (O And M) A.v.v.n.l. Degana.

----Appellant Versus Ramkishore S/o Jhumarram, Aged About 53 Years, By Caste Jat, Resident Of Butati Police Station Kuchera District Nagaur.

                                                                ----Respondent


For Appellant(s)         :     Mr. Vikram Choudhary
For Respondent(s)        :

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

07/03/2022

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 petitioner has preferred this leave to appeal claiming the

following reliefs:-

"It is therefore humbly prayed that the leave to appeal may kindly be granted and the impugned judgment dated 13.12.2019 may kindly be quashed and set aside and the accused-respondent may kindly be convicted and sentenced as per provisions of law."

Learned counsel for the petitioner submits that learned court

below erred in not appreciating that the respondent was the owner

of the place where the electricity of theft was being conducted.

(2 of 2) [CRLLA-94/2020]

This Court, after hearing learned counsel for the parties and

perusing the record of the case, finds that the petitioner failed to

establish that the there was a tube-well on the spot, for which, the

theft of electricity would have been done, so much so that even

the control of the respondent on the site in question is doubted.

In view of the above, no cause of interference in the

impugned order is made out, hence, the present criminal leave to

appeal is dismissed.

(DR.PUSHPENDRA SINGH BHATI),J 53-Sudheer/-

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