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Judgment
Heard on the question of admission.
This is a petition under Section 482 of Cr.P.C. for granting leave to appeal.
The petitioner had filed a private complaint against the respondent alleging that he committed theft of electric energy by bypassing the meter fixed at his establishment. He consumed the energy by connecting his electric motor fitted to run floor mill (Atta Chakki) directly to the main consumer's supply line.
4 It is alleged that the petitioner had stolen energy worth about Rs. 3,00,318/-. After appreciating the evidence, the trial Court acquitted the accused primarily on the ground that the seized articles were not produced before the Court and mention of seizure of motor in the seizure memo Ex.P/1 is doubtful. Besides, ground of non-compliance of Section 100 Cr.P.C. in affecting the search and seizure has also been taken, as no independent witnesses of vicinity have been called to witness the search and seizure made by the departmental officials.
Specific query was raised to explain the lapses pointed out by the learned Trial Court. No specific reply has been given.
The trial Court has recorded acquittal considering the judgment passed in the case of Bapupuri Vs. Madhya Pradesh Vidyut Vitran Company Limited reported in 2009 (2) M.P.H.T. 88.
Nothing is available on record to take a contrary view than the one taken by the learned Trial Court. Therefore, no case to grant leave to appeal is made out.
Consequently, admission is declined.
The Petition is dismissed.