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2009 Supreme(Del) 167

S.MURALIDHAR
DALBIR SINGH – Appellant
Versus
B. S. E. S. RAJDHANI POWER LIMITED – Respondent


Advocates Appeared:
Mr. A.K Gupta, Advocate
Sunil Fernandes with Mr. Rajat Jariwal, Advocates

O R D E R

1. This petition is directed against the impugned order dated 30th November 2007 passed by the learned Additional Sessions Judge („ASJ?) Special Electricity Court in Complaint Case No. 421/06 holding that a prima facie case was made out to try the Petitioner for the offence under Section 135 (2) of the Electricity Act 2003 („Act?). It also challenges an order passed on the same date by the learned ASJ framing notice against the Petitioner for the offence under Section 135 (b) of the Act. The prayer in this petition is that the learned ASJ should be directed to hear the Petitioner on charge and pass orders accordingly.

2. The facts in brief are that an inspection was conducted by the officers of the respondent BSES Rajdhani Power Limited („BRPL?) in the premises of the Petitioner at WZ-30A, Ground floor, Channa Mal Park, East Punjabi Bagh, New Delhi. According to the officers of BRPL the inspection revealed that the Petitioner was indulging in dishonest abstraction of energy („DAE?) and that the total connected load being used illegally by the Petitioner by tampering the meter was 49.376 KW as against the sanctioned load of 44.76 KW. On that basis the aforementioned c













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