Back
UMESH CHANDRA SHARMA
Parsadi Lal Tulsiram Cold Storage Agra – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Umesh Chandra Sharma, J.)
1. Heard Sri Sanjay Kumar Dubey, learned counsel for the applicants, Sri Pankaj Kumar Tripathi, learned Additional Government Advocate, learned counsel for opposite party no.2 and perused the record.
2. This application under Section 482 CrPC has been filed for quashing the order dated 26.04.2022 passed by the Additional Sessions Judge/Special Judge (Electricity Act), Court No.2, Hathras passed in ST No.109 of 2006 (H.S. Agrawal Vs. M/S Parsadi Lal and others), under Section 135 Electricity Act, 2003, Police Station Chandpa, District Hathras by which Application No.218(D) under Section 311 CrPC moved by the accused persons was rejected.
3. In brief, facts of the case in brief are that opposite party no.2 filed a complaint under Section 135 of the Electricity Act registered as Complaint Case No.109 of 2006 (Shri H.S. Agrawal Vs. M/S Parsadi Lal and others) against the complainant firm and its director regarding electricity theft by tampering the electric meter in which after completion of formalities, trial began, after completion of prosecution evidence, statement of the accused persons were recorded on 07.03.2013 under Section 311 CrPC, eviden
The duty of the prosecution to prove the case beyond reasonable doubt and the appellate court's power to review evidence in an appeal against acquittal.
The court emphasized that Section 311 Cr.P.C. must be exercised judiciously, and applications to introduce evidence cannot be used to fill evidentiary gaps left by the prosecution.
The power to quash criminal proceedings should be exercised sparingly, and the court's role at the Section 482 Cr.P.C. stage is to determine whether a case for trial of the accused is made out based ....
The Court has the discretion to summon witnesses or recall and re-examine any person if their evidence appears to be essential to the just decision of the case, as per Section 311 Cr.P.C. This power ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
