Delhi District Court State vs . on 26 August, 2014 1 IN THE COURT OF DR. SHAHABUDDIN : ADDITIONAL SESSIONS JUDGE, SPECIAL ELECTRICITY COURT, EAST DISTT., KARKARDOOMA COURTS, DELHI FIR NO. 369/07 S.C. NO. 25/13 P.S. BHAJANPURA, DELHI U/S 135 OF THE ELECTRICITY ACT, 2003 I.D. NO. 02402R0871892008 STATE (THROUGH: M/S B.S.E.S. YAMUNA POWER LIMITED) VS. SHYAM SUNDER SHARMA, S/O SH. VASUDEV SHARMA, R/O D­60/1, YAMUNA VIHAR ROAD, NORTH GONDA, DELHI. .........ACCUSED DATE OF INSTITUTION OF THE CASE :01.07.2008 DATE ON WHICH JUDGMENT WAS RESERVED :13.08.2014 DATE OF PASSING OF JUDGMENT :26.08.2014 JUDGMENT 1. A criminal complaint was filed against accused Shyam Sunder Sharma, proprietor of M/s Sharma Tent House (in short called as accused hereinafter) by Sh. Ashok Kumar, the then FIR NO. 369/07 , P.S. BHAJANPURA, STATE ( BSES YPL) VS. SHYAM SUNDER SHARMA page 1 of 25 2 Manager (Enforcement)/ Authorized Officer of BSES YPL company (in short to be called as complainant company hereinafter) for the offences punishable u/s 135 of the Electricity Act, 2003 (in short called as Act hereinafter) read with Section 379 IPC. This complaint was addressed to the SHO Police Station (in short PS) Bhajanpura, Delhi. 2. The main allegations made in this complaint were to the effect, inter alia, that on 02.11.2006, at about 08.00 p.m., an inspection was carried out by the inspecting team members of the complainant company consisting of Sh. Shivendu Kumar (Assistant Manager) and Sh. Sanjeev Kumar (Engineer) respectively at the premises of M/s Sharma Tent House, situated at D­60, Yamuna Vihar Road, (Nur Ilahi Road), North Ghonda, Delhi (in short called as inspected premises); that the accused Shyam Sunder Sharma was found indulging in direct theft of electricity by tapping the L.V. Mains of complainant company and also by use of change over switch before the meter and that the meter was found in stop condition; that the entire connected load was running directly through the electricity consumed by way of direct theft; that during the course of inspection, the total connected load, which was being used illegally by the accused, was being assessed to 20.305 Kilo Watt (in short KW); that FIR NO. 369/07 , P.S. BHAJANPURA, STATE ( BSES YPL) VS. SHYAM SUNDER SHARMA page 2 of 25 3 during the course of inspection, the accused reportedly resisted the seizing of the material which was used by him for committing the direct theft of electricity and that the accused even allegedly refused to sign the inspection report, load report etc. at the time of inspection; that the videography of the theft committed was also done at the spot; that during the course of inspection, the accused was found stealing electricity to the extent of approximately Rs. 9,78,602/­ ( rupees nine lakhs, seventy eight thousand, six hundred and two). In the end, a prayer was made in this complaint for registration of FIR against the accused for the offences punishable u/s 135 of the Act and Section 379 IPC. 3. On the basis of the above mentioned complaint, an FIR no. 369/2007 was registered against the accused on 20.08.2007 for the offences punishable u/s 135 of the Act and Section 379 IPC. 4. After completion of the entire investigation, a charge sheet was filed before this court on 01.07.2008 against the accused u/s 173 Cr.P.C. for the offence only punishable u/s 135 of the Act. As per order of this court dated 01.07.2008, cognizance was taken against the accused only for the offence punishable u/s 135 of the Act. In this way, he impliedly stands FIR NO. 369/07 , P.S. BHAJANPURA, STATE ( BSES YPL) VS. SHYAM S