CRL.M.C. No. 3889/2008 Page 1 of 2 * THE HIGH COURT OF DELHI AT NEW DELHI + Crl. M.C. No. 3889/2008 Date of Decision : 31.7.2009 B.S.E.S. RAJDHANI POWER LTD. ……Petitioner Through: Mr. Sunuk Fernandes, Advocate Versus GARIB DASS & ANR. …… Respondents Through: Mr.Narain Bhatia, Advocate for the respondent no. 1. Mr. P.C. Sharma,Advocate for the respondent no. 2. CORAM : HON’BLE MR. JUSTICE V.K. SHALI 1. Whether Reporters of local papers may be allowed to see the judgment? No 2. To be referred to the Reporter or not ? No 3. Whether the judgment should be reported in the Digest ? No V.K. SHALI, J. (ORAL) 1. I have heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. I have also perused the judgment of my learned predecessor in BSES Rajdhani Power Limited Vs. Vijay Kumar Gupta (Crl. M.C. No. 3618/2008 and Crl. M.A. 13493/2008 decided on 6th April, 2009). 3. The contentions, which the learned counsel for the respondents have sought to raise are the same which have been already dealt with in the aforesaid judgment. The aforesaid judgment squarely covers the facts of the present case and accordingly there is no reason for this Court to deal with the submissions which have been raised by the learned counsel for the petitioner. CRL.M.C. No. 3889/2008 Page 2 of 2 4. The impugned order dated 27.11.2008 is accordingly set aside and the matter is remanded back to the learned Special Judge who will proceed with the trial from the stage prior to the passing of the impugned order. Needless to say that all defences, which are available to the petitioner, will be permitted to be taken. 5. With these directions, the petition stands disposed of. V.K. SHALI, J. July 31, 2009 vn