Justice Mahesh Grover disposed of Criminal Revision No. 1080 of 2010, holding that the impugned order contained no infirmity as the trial court had already framed an issue regarding the validity of an electricity theft demand letter, thereby allowing the petitioner to lead evidence.
The criminal revision petition was disposed of as allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R.No.1080 of 2010 (O&M)
Date of Decision : 19.2.2010
Ashwani Kumar
....Petitioner
Versus
Punjab State Electricity Board and another
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present : Mr. Anmol Rattan Sidhu, Sr. Advocate with Mr.Nandan Jindal, Advocate for the petitioner.
MAHESH GROVER, J.
C.M.Nos.4139 & 4140-CII of 2010
Allowed as prayed for.
C.R.No.1080 of 2010
There is no infirmity in the impugned order because the concerns of the petitioner have already been addressed by the following observations made by the learned trial Court :-
“.....Therefore, the issue with regard to letter dated 25.8.06 for demanding the amount on the basis of stealing energy being illegal, null and void has already been framed.....”
In view of the aforesaid when the learned trial court is conscious that the impugned letter dated 25.8.2006 being challenged by the plaintiff/respondent and being defended by the petitioner on the ground of the plaintiff/respondent having found indulged in the
C.R.No.1080 of 2010 (O&M) -2-
theft of electricity and also in view of the fact that a categoric issue has been framed regarding the validity of such a letter imposing demand on account of theft of electricity, I am of the opinion that the issue does not preclude the leading of evidence to this effect by the petitioner.
The petition stands disposed of.
19.2.2010 (MAHESH GROVER) JUDGE
dss
Ashwani Kumar
Punjab State Electricity Board
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
