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2007 Supreme(Raj) 2088

AJAY RASTOGI
Radhey Shyam – Appellant
Versus
Premshanker – Respondent


Advocates:
For the Petitioner:Dr. P.C. Jain, Advocate.
For the Respondent:Mr. S.K. Gupta, Advocate.
For the State: Mr. Arun Sharma, Public Prosecutor.

JUDGMENT

1. - Instant petition has been filed assailing the order dated 21st July, 1990 whereby learned trial Judge took cognizance against accused-petitioner for offence u/s.500 IPC and the Revisional Court upheld the order by dismissing the revision petition preferred by accused-petitioner vide order dated 24th May, 1994.

2. Facts which are relevant for adjudication of the dispute, are that complainant-non-petitioner Premshanker Singhal, who happens to be an Advocate, filed a Civil Suit No.7/89 before learned trial Judge impleading Chairman, RSEB & accused-petitioner as defendant, questioning the demand raised by Board on the alleged act of committing theft of electricity. In the suit, written statement was filed on behalf of erstwhile RSEB including present petitioner as well. In certain paragraphs, it was mentioned that complainant-non-petitioner herein intentionally kept the meter to be defective and extracted electricity by committing theft. It was basically stated that plaintiff-non-petitioner has cleverly inserted open wire for extracting the electricity and by adopting this device committed theft. Pending suit, the non-petitioner with regard to averment made in the written







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