26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRLM.C. 316/2011 & CrLMA Nos.1257-1258/2011 SUKHBIR SINGH Petitioner Through Mr.Sudhir Nandrajog, Sr.Advocate with l^lr.Vibhor Garg, Advocate versus BSES RAJDHANI POWER LTD. &ANR. Respondents Through Mr.Sunil Fernandez, [^r.Deepai< Pathai< & i^Ir.Krishanu Adhikary, Advocates for R-1 Mr.jvi.N.Dudeja, APP for State/R-2. CORAIVI: HON'BLE MS. JUSTICE HI|V|A KOHLI ORDER % . 02.02.2011 The present petition is filed by the petitioner praying inter alia for setting aside the proceedings qua him in Criminal Complaint ^ No. 257/2008, initiated by respondent No.l/BSES RPL and pending before the Special Judge, ElectricityCourt, Saket. The petitioner also seeks setting aside of the order dated 11.1.2011, whereby non- bailable warrants have been issued against him in the aforesaid case. CRL.I^.C. 316/2011 Page No.1 of 4 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 2. Learned senior counsel for tine petitioner states that his client has throughout been disputing the fact that he is the consumer who is alleged to have committed theft of electricity at the premises in question, as mentioned in the inspection report dated 4.1.2008 or in the criminal complaint filed by respondent No.l. He submits that this fact was brought to the notice of the court below and was duly taken note of in the order dated 7.11.2009, when respondent No.l was directed to verify the exact status of the user and the owner of the premises in question, i.e, Khasra No.41-42, Village Jaunapur, Delhi. A report was also directed to be filed for consideration of the Court and the matter was listed for appropriate orders on 1.12.2009. He states that no such report was submitted and instead on 25.8.2010, it was stated on behalf of respondent No.l that the exact status of the user was not clear at that stage and that the matter may be proceeded with on merits. 3. Learned senior counsel for the petitioner submits that the petitioner has placed on record a number of documents along with his application seeking dropping of charges, which were not considered by the trial court before proceeding with the trial. He contends that when the identity of the consumer itself is in question, the petitioner cannot CRLIvi.C. 316/2011 PageNo.2of4 • be made to undergo the travail of a trial without holding an enquiry to establish the identity of the consumer in the first instance. 4. Notice. Counsels for respondents accept notice. 5. Counsel for respondent No.l states that the petitioner has been evading service in the present case, which has compelled the court below, to issue non-bailable warrants against him on two occasions. He subnnits that even on 11.1.2011, non-bailable warrants were directed to be issued against the petitioner for 11.2.2011. He further states that several exemption applications have been filed by the petitioner on various dates thus inordinately delaying the trial in the present case. 6. Having regard to the submissions made by the counsels for the parties and having perused the documents placed by the petitioner on record, particularly the assertion of the petitioner that Khasra No.41-42 is occupied by one, Sh.Sukhbir Singh, son of Sh.Pema Ram, the present petition is disposed of with directions to the Special Judge, Electricity Court to hold an enquiry in the first instance to verify as to whether the present petitioner is actually the consumer in respect of whom the complaint has been filed by respondent No.l. Only thereafter, shall the matter be proceeded with in accordance with law. CRLM.C. 316/2011 Page No.3 of 4 7_ Till an appropriate order is passed after conducting an enquiry as indicated above, the petitioner shall be exempted from appearing before the trial court, subject to the condition that his counsel will appear on his behalfand will not seek any adjournmentin the pending proceedingsand he shall appear before the Court as and when called. The present petition is disposed of, along with the pending applications. A copy of this order be forwarded to the concerned court for perusal and information. FEBRUARY 02, 2011 mk cr: HIMA KOHLI,J CRL.M.C. 316/2011 Page No.4 of 4 K