Court No. - 66
Case :- APPLICATION U/S 378 No. - 62 of 2019 Applicant :- Pashchimanchal Vidyut Vitran Nigam Ltd. Thru E.E.
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nripendra Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajul Bhargava,J.
Heard Sri Nripendra Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the impugned judgment and order.
The instant criminal appeal has been filed against the judgment and order dated 15.2.2012 passed by learned Special Judge, E.C. Act/Additional Session Judge, Moradabad in S.S.T. No.56 of 2009 (State Vs. Akhlaq Hussain), arising out of Case Crime No.16 of 2009, under Section 135 of Electricity Act, 2003, Police Station- Mugalpura, District- Moradabad, whereby the opposite no.2 has been acquitted.
Having heard learned counsel for the parties and perusing the impugned judgment and order whereby the trial court has acquitted the opposite party no.2 on the ground that PW-1, Mohd. Shaier Khan, Junior Engineer and independent witness of alleged theft of electricity PW-2, Veerpal Singh were produced by the prosecution, however, in the cross- examination they have not supported the prosecution case and, thus, the prosecution could not establish theft of electricity and commission of offence under Section 135 of Electricity Act.
I do not find any infirmity or illegality in the impugned judgement and order dated 15.2.2012 passed by learned Special Judge, E.C. Act/Additional Session Judge, Moradabad. No interference is warranted.
The present criminal misc. leave to appeal application is, accordingly, rejected and consequently the criminal appeal also stands dismissed.
Order Date :- 29.5.2019 Vikas