Delhi High Court
Bses Rajdhani Power Ltd vs State Of Nct Of Delhi & Anr. on 24 December, 2024
IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:24.12.2024
+ CRL.REV.P. 945/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE GOVT OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 947/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE GOVT OF NCT OF DELHI & ORS. .....Respondents
+ CRL.REV.P. 948/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE GOVT. OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 949/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE GOVT OF NCT OF DELHI & ANR. .....Respondents
Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 1 of 21
Signing Date:30.12.2024
15:45:09
+ CRL.REV.P. 950/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE GOVT OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 951/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE GOVT OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1000/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1001/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1006/2023
BSES RAJDHANI POWER LTD .....Petitioner
Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 2 of 21
Signing Date:30.12.2024
15:45:09
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 999/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1072/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1073/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1074/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 3 of 21
Signing Date:30.12.2024
15:45:09
+ CRL.REV.P. 1075/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1077/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1078/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ORS. .....Respondents
+ CRL.REV.P. 1080/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1082/2023
BSES RAJDHANI POWER LTD .....Petitioner
Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 4 of 21
Signing Date:30.12.2024
15:45:09
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1093/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1094/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1109/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1147/2023 & CRL.M.A. 29368/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE NCT OF DELHI & ANR. .....Respondents
Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 5 of 21
Signing Date:30.12.2024
15:45:09
+ CRL.REV.P. 1148/2023 & CRL.M.A. 29370/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1149/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE NCT OF DELHI & ANR. .....Respondents
+ CRL.REV.P. 1269/2023
BSES RAJDHANI POWER LTD .....Petitioner
versus
STATE NCT OF DELHI & ORS. .....Respondents
Present: Mr. Harshal Arora, Adv. for BSES Rajdhani Power Limited
in all the matters.
Mr. Sunil Kumar Gautam, APP for the State in all the matters.
CORAM
HON'BLE MR JUSTICE AMIT MAHAJAN
Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 6 of 21
Signing Date:30.12.2024
15:45:09
JUDGMENT
1. The present petitions have been filed challenging various orders
passed by the learned Additional Sessions Judge -01 (‘ASJ’) (Special
Electricity Court), Central District, Tis Hazari District Courts, New
Delhi, whereby the complaints filed by the petitioner department
against the accused persons for offences under the Electricity Act,
2003 were dismissed at the pre-summoning stage. The applications
filed by the petitioner department furnishing better particulars/
identification of the premises of the accused persons were also
dismissed by the learned Special Court along with the complaints.
2. The brief facts of the present cases are that the complaints were
essentially filed for the offence under Section 135 of the Electricity
Act, 2003 alleging theft of electricity. Thereafter, respective
applications were filed seeking to furnish better particulars and to
amend the number and identification of the premises. By the separate
impugned orders, the learned Special Judge had dismissed the
applications holding that the complainant by way of an amendment
cannot be allowed to improve its case. It was observed that the identity
of the place itself is under doubt in the cases. The learned Special
Judge had also taken into account the discrepancy in the load sheet
and videography as well as non-seizure of the illegal wires.
Consequently, the complaints were also dismissed for want of proper
evidence with regard to the commission of alleged offences.
3. The particulars of the separate cases are as under:
Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 7 of 21
Signing Date:30.12.2024
15:45:09
CRL. REV PET. 945/2023 [arising out of CC No. 266-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintHouse near F-341, JJ F-349, Old F Block, JJ Dismissed vide
Colony, Raghubir Nagar, Colony, Raghubir Nagar, impugned order
New Delhi-110027 New Delhi-110027 dated 21.07.2023CRL. REV PET. 947/2023 [arising out of CC No. 1414-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintPremises opposite to L- Jhuggi No.9, L Block, Dismissed vide
138, Ground Floor, J.J. J.J. Colony, Raghubir impugned order
Colony, Raghubir Nagar, Nagar, New Delhi- dated 12.07.2023
New Delhi-110027 110027CRL. REV PET. 948/2023 [arising out of CC No. 1455-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintGF & FF opposite to F-311, J.J. Colony, Dismissed vide
H.No. F-319, J.J. Raghubir Nagar, New impugned order
Colony, Raghubir Nagar, Delhi-110027 dated 21.07.2023
New Delhi-110027Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 8 of 21
Signing Date:30.12.2024
15:45:09
CRL. REV PET. 949/2023 [arising out of CC No. 1429-22]Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintPremises to opposite to H. No. R-459, Block R, Dismissed vide
R-470, J.J. Colony, 25 sq. yds., J.J. Colony, impugned order
Raghubir Nagar, New Raghubir Nagar, New dated 21.07.2023
Delhi-110027 Delhi-110027CRL. REV PET. 950/2023 [arising out of CC No. 1374-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintPremises opposite to T- G-733, F Block, J.J. Dismissed vide
Huts-9, J.J. Colony, Colony, Raghubir Nagar, impugned order
Raghubir Nagar, F New Delhi-110027 dated 20.07.2023
Block, New Delhi-
110027
CRL. REV PET. 951/2023 [arising out of CC No. 1410-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
Complaintpremises opposite H. premises opposite H. No. Dismissed vide
No. 261, Ground Floor, 261, Ground Floor, impugned order
Khasra No. 24/6, PP Khasra No. 26/6, PP dated 20.07.2023
Colony, Village Baprola, Colony, Village Baprola,
New Delhi-110041 New Delhi-110041Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 9 of 21
Signing Date:30.12.2024
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CRL. REV PET. 1000/2023 [arising out of CC No. 923-22]Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintHouse G/F and F/F near House No. WZ-114, G/F, Dismissed vide
WZ-115, 80 sq. yds., F/F, 80 sq. yds., Harijan impugned order
Harijan Colony, Tilak Colony, Tilak Nagar, dated 20.07.2023
Nagar, New Delhi- New Delhi-110018
110018CRL. REV PET. 1001/2023 [arising out of CC No. 251-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintHouse near M-152, JJ House No. M-164, FF, JJ Dismissed vide
Colony, 25 Sq Yds, Colony, 25 Sq Yds, impugned order
Raghubir Nagar, New Raghubir Nagar, New dated 20.07.2023
Delhi-110027 Delhi-110027CRL. REV PET. 1006/2023 [arising out of CC No. 1428-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintHouse Opposite To WZ-192-193 (GF) Plot Dismissed vide
House No. WZ-159, No. 7 & 8, Ravi Nagar, impugned order
Ravi Nagar, New Delhi- New Delhi-110018 dated 21.07.2023
110018Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 10 of 21
Signing Date:30.12.2024
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CRL. REV PET. 999/2023 [arising out of CC No. 802-22]Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintGF, FF, SF near B-306, B-307, GF, FF, SF, J.J. Dismissed vide
J.J. Colony, Chaukhandi, Colony, Chaukhandi, impugned order
New Delhi-110018 New Delhi-110018 dated 21.07.2023CRL. REV PET. 1072/2023 [arising out of CC No. 1256-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintS-221/2 Gali No. 67, H.No. S-221/1, Block J, Dismissed vide
Vishnu Garden, near J Gali No.6, Vishnu impugned order
Block, New Delhi- Garden, New Delhi- dated 20.07.2023
110018 110018CRL. REV PET. 1073/2023 [arising out of CC No. 1268-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
Complaintpremises RHS of T.C.- T.C.-85, J.J. Colony, Dismissed vide
84, GF+FF, J.J. Colony, Raghubir Nagar, New impugned order
Raghubir Nagar, New Delhi- 110027 dated 12.07.2023
Delhi-110027Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 11 of 21
Signing Date:30.12.2024
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CRL. REV PET. 1074/2023 [arising out of CC No. 280-22]Address as per the Verified Address in the Status of
Complaint Application Application and
Complaint
Plot RHS of Plot No. H.No. 61, Khasra No. Dismissed vide
158, Khasra No. 116, 116, Near Hanuman impugned order
Village Neelwal, New Mandir, Village Neelwal, dated 20.07.2023
Delhi-110041 Post Office Tikri Kalan,
New Delhi-110041CRL. REV PET. 1075/2023 [arising out of CC No. 1327-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
Complaint
Ground, First, Second C-86, Ground, First, Dismissed vide
and Third floor of Second and Third floor, impugned order
premises Right Hand New TC Camp, 12.5 sq. dated 12.07.2023
Side to B-198, 12.5 sq. yards, Raghubir Nagar,
yards, New TC Camp, New Delhi-110027
Raghubir Nagar, New
Delhi-110027CRL. REV PET. 1077/2023 [arising out of CC No. 1451-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
Complaintpremises adjacent to H.No. 854/3, G/F, Village Dismissed vide
H.No. Ware House Phirni Road, Mundka, impugned order
109/10 & 109/20, Phirni near Vipin Dharam Kata, dated 07.08.2023
Road, Mundka Village, New Delhi-110041
New Delhi-110041Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 12 of 21
Signing Date:30.12.2024
15:45:09
CRL. REV PET. 1078/2023 [arising out of CC No. 1515-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
Complaint
Premises opposite to Shiv Building Material Dismissed vide
H.No. 260, G/F, Jai Shop at Khasra No. impugned order
Vihar, G-2 Block, Gali 46/20/1, Jai Vihar, G-2 dated 20.07.2023
No.3, Baprola, New Block, Baprola, New
Delhi-110043 Delhi-110043CRL. REV PET. 1080/2023 [arising out of CC No. 422-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
Complaintpremises Opposite to J- J-221/64, J BLK, Vishnu Dismissed vide
220/18, Vishnu Garden, Garden, New Delhi- impugned order
New Delhi-110018 110018 dated 07.08.2023CRL. REV PET. 1082/2023 [arising out of CC No. 378-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
ComplaintHouse near Stall Shop No. 122, GF, FF, Dismissed vide
No.100, Guru Nanak SF, TF, Guru Nanak impugned order
Market, Khyala, New Market, Khyala, New dated 20.07.2023
Delhi-110018 Delhi-110018Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 13 of 21
Signing Date:30.12.2024
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CRL. REV PET. 1093/2023 [arising out of CC No. 1227-22]Address as per the Verified Address in the Status of
Complaint Application Application and
Complaintpremises opposite to Stall No. 112, Dismissed vide
Stall No. 107, (GF/FF/SF) DDA impugned order
(GF/FF/SF) DDA Colony, Khayala, New dated 13.07.2023
Colony, Khayala, New Delhi-110018
Delhi-110018CRL. REV PET. 1094/2023 [arising out of CC No. 1231-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
Complaintpremises F/F, opposite WZ-101, F/F, 80 yards, Dismissed vide
WZ-154, 80 yards, Harijan Colony, Tilak impugned order
Harijan Colony, Tilak Nagar, New Delhi- dated 12.07.2023
Nagar, New Delhi- 110018
110018CRL. REV PET. 1109/2023 [arising out of CC No. 897-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
Complaintnear Flat No. A-41-D, A-44D, near Flat No. A- Dismissed vide
Fourth & Fifth Floor, 41-D, Fourth & Fifth impugned order
Slum Flat, Raghubir Floor, Slum Flat, dated 20.07.2023
Nagar, New Delhi- Raghubir Nagar, New
110027 Delhi-110027Signature Not Verified
Signed By:KAMALDEEP
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Signing Date:30.12.2024
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CRL. REV PET. 1147/2023 [arising out of CC No. 866-22]Address as per the Verified Address in the Status of
Complaint Application Application and
Complaintpremises opposite to Plot at Khasra No. 490, Dismissed vide
Plot No. 479, Harijan Ground Floor, Village impugned order
Basti, New Rana Public Mundka Extn., Opposite dated 13.07.2023
School, Mundka, New New Rana Public School,
Delhi-110041 New Delhi-110041CRL. REV PET. 1148/2023 [arising out of CC No. 1275-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
Complaint
premises GF nearby Plot No.4, G/F, Gall Dismissed vide
H.No. 37 B, Khasra No. No.1, Block E, Khasra impugned order
73/12, Tikri Kalan Extn., No. 73/24, Tikri Kalan dated 13.07.2023
New Delhi-110041 Extn., New Delhi-110041
[CRL. REV PET. 1149/2023 [arising out of CC No. 1416-22]
Address as per the Verified Address in the Status of
Complaint Application Application and
Complaintpremises G/F & F/F H.No. L-2/32, G/F, F/F, Dismissed vide
opposite to L-2/23, New New Mahabir Nagar, impugned order
Mahabir Nagar, New New Delhi-110018 dated 07.08.2023
Delhi-110018Signature Not Verified
Signed By:KAMALDEEP
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Signing Date:30.12.2024
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CRL. REV PET. 1269/2023 [arising out of CC No. 1400-22]Address as per the Verified Address in the Status of
Complaint Application Application and
Complaintpremises opposite to Jhuggi No. 14, Ground Dismissed vide
Jhuggi No. 12, C Block, and First Floor, C Block, impugned order
Raghubir Nagar, New PIG Shed, Raghubir dated 12.07.2023
Delhi-110027 Nagar, New Delhi-
110027
4. It is the case of the petitioner department that the amendment
was only formal in nature and the complaints could not have been
dismissed in the aforesaid manner.
5. It is pointed out that similar complaints filed by the
petitioner/department against numerous accused persons for the
offence under the Electricity Act, 2003 have been dismissed by the
learned Special Courts holding that the amendment of the complaint is
not permissible. The challenge to the said orders was considered by a
Coordinate Bench of this Court in batch of petitions by common
judgment dated 20.12.2023, passed in Bses Rajdhani Power Ltd. v.
State (NCT of Delhi) : 2023 SCC OnLine Del 8408.
6. Undisputedly, the facts in the batch considered by the
Coordinate Bench are similar to the facts of the present batch of
matters. In the said judgment, the Coordinate Bench of this Court had
also considered the effect of non-seizure of illegal wires and
discrepancy in load sheet and videography at the stage of summoning.
Signature Not Verified
Signed By:KAMALDEEP
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Signing Date:30.12.2024
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The judgement passed by the Coordinate Bench of this Court is
therefore applicable to the facts in the present case as well. The
Coordinate Bench of this Court has held under:
“31. The Special Court ought not to have delved deep into the
comparative examination of load sheet and the videography
available on the record in the form of CD. The detailed
conciliation of appliances in the load sheet and the videography
is essentially a matter of trial and consideration of factual
controversy in that regard at the stage of summoning will not be a
judicious approach. The Special Court is not required to evaluate
the merits of the material or evidence in support of the complaint,
because the Special Court must not undertake an exercise to find
out whether the material would lead to conviction or not.
32. The question as to whether non-seizure of illegal wires etc., is
a fatal defect in a prosecution under Section 135 of the Electricity
Act, 2003 is also no more res integra. This Court in Mukesh
Rastogi (supra) dealing with a similar question has observed that
the Court has only to see whether theft has been proved by cogent
evidence or not and mere non-production of the wires cannot fail
the prosecution’s case, if the theft of electricity is otherwise
proved…
33. The non-production of the wires etc. would warrant dismissal
of the complaint only when the complainant fails to prove its case
with other cogent evidence. To be noted, that material in the form
of the statements of CW1, CW2, the videography, the inspection
report and other material is available on record which ought to
have been examined by the Special Court independently to arrive
at a conclusion whether the material prima facie discloses the
offence alleged against the accused warranting issuance of
process. However, the manner in which the Special Court has
non-suited the complainant without considering the complaint
and the evidence in support thereof, is not justified.
34. It is settled law that the Magistrate, at the stage of taking
cognizance and summoning, is required to apply his judicial
mind only with a view to taking cognizance of the offence, or in
other words, to find out whether a prima facie case has been
made out for summoning the accused persons. The learned
Magistrate is not required to evaluate the merits of the material
or evidence in support of the complaint, because the MagistrateSignature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 17 of 21
Signing Date:30.12.2024
15:45:09
must not undertake the exercise to find out whether the materials
would lead to a conviction or not.
35. In view of the aforesaid discussion, the present petitions are
allowed and the impugned orders are quashed and set aside.
Accordingly, the applications seeking to furnish better particulars /
identification of the premises of the accused persons are allowed.
Let amended complaints, as well as, amended memo of parties be
filed.
36. Consequently, the matters are remanded back to the Special
Court and the Special Court is directed to proceed with the
amended complaints in accordance with law.”
(emphasis supplied)
7. In regard to the amendment in the complaints and providing
better particulars of the concerned premises, it was held as under:
“24. It is not in dispute that the complaint was at the pre-
summoning stage and cognizance had not been taken by the
Special Court. Further, it is beyond doubt that there is no provision
in the Code of Criminal Procedure providing for amendment of the
complaint. Against this backdrop, the question that has to be
considered is whether any amendment in the complaint is
permissible under law.
25. This question need not detain this Court any longer, in as much
as, the Hon’ble Supreme Court in S.R. Sukumar v. S. Sunaad
Raghuram, (2015) 9 SCC 609 : AIR 2015 SC 2757 relying upon
the decision in UP Pollution Control Board v. Modi
Distillery, (1987) 3 SCC 684 : AIR 1988 SC 1128, re-stated the
legal position in this regard, in the following terms:
“18. What is discernible from the U.P. Pollution Control
Board’s case is that easily curable legal infirmity could be
cured by means of a formal application for amendment. If
the amendment sought to be made relates to a simple
infirmity which is curable by means of a formal
amendment and by allowing such amendment, no
prejudice could be caused to the other side,
notwithstanding the fact that there is no enabling
provision in the Code for entertaining such amendment,
the Court may permit such an amendment to be made.
On the contrary, if the amendment sought to be made in
the complaint does not relate either to a curable infirmitySignature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 18 of 21
Signing Date:30.12.2024
15:45:09
or the same cannot be corrected by a formal amendment
or if there is a likelihood of prejudice to the other side,
then the Court shall not allow such amendment in the
complaint.
19. In the instant case, the amendment application was
filed on 24.05.2007 to carry out the amendment by adding
paras 11(a) and 11 (b). Though, the proposed amendment
was not a formal amendment, but a substantial one, the
Magistrate allowed the amendment application mainly
on the ground that no cognizance was taken of the
complaint before the disposal of amendment application.
Firstly, Magistrate was yet to apply the judicial mind to
the contents of the complaint and had not taken
cognizance of the matter. Secondly, since summons was
yet to be ordered to be issued to the accused, no prejudice
would be caused to the accused. Thirdly, the amendment
did not change the original nature of the complaint being
one for defamation. Fourthly, the publication of poem
‘Khalnayakaru’ being in the nature of subsequent event
created a new cause of action in favour of the respondent
which could have been prosecuted by the respondent by
filing a separate complaint and therefore to avoid
multiplicity of proceedings, the trial court allowed the
amendment application. Considering these factors which
weighed in the mind of the courts below, in our view, the
High Court rightly declined to interfere with the order
passed by the Magistrate allowing the amendment
application and the impugned order does not suffer from
any serious infirmity warranting interference in exercise
of jurisdiction under Article 136 of the Constitution of
India.”
(emphasis supplied)
26. Clearly, an amendment of a complaint is permissible when –
(i) cognizance has not been taken, (ii) the amendment does not
change the original nature of the complaint, (iii) where an
amendment sought relates to an infirmity which is curable by
means of formal amendment, and (iv) where such amendment
does not cause prejudice to the accused/the other side.
27. Tested on the touchstone of aforesaid principles, it appears that
the application of the petitioner did not seek to change the
address of the inspected premises but only sought to provide
Signature Not Verified
Signed By:KAMALDEEP
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better particulars of the inspected premises for its exact
identification, which is a curable infirmity.
28. Even otherwise, the amendment does not go to the root of the
matter as it is only formal in nature and does not change the
original nature of the complaint which is a complaint under
Section 135 of the Electricity Act, 2003. Further, the Code of
Criminal Procedure like all procedural laws, is designed to further
the ends of justice and not to frustrate them by introduction of
endless technicalities [AIR 1956 SC 116]. Therefore, absence of
specific provision in Criminal Procedure Code, 1973 cannot be an
impediment for allowing an amendment of the complaint at the pre-
summoning stage to cure a formal defect in the complaint.
29. That apart, cognizance had not been taken and no prejudice
was likely to be caused to the accused in case the amendment was
allowed. This being the position, the Special Court erred in law
while dismissing the application of the petitioner seeking formal
amendment.”
(emphasis supplied)
8. Considering that the learned Special Judge in all the said cases
was heavily weighed by the discrepancy in the address details of the
concerned property, the non-seizure of illegal wires and the load sheet
not tallying with the videography, in the opinion of this Court, in view
of the judgment in Bses Rajdhani Power Ltd. v. State (NCT of Delhi)
(supra), the impugned orders are unsustainable. Moreover, as noted by
the Coordinate Bench of this Court, the amendment applications ought
to also have been allowed as they only sought to furnish better
particulars without changing the original nature of the complaint and
no prejudice was likely to be caused to the respective accused if the
said applications were allowed.
9. In view of the above, the present petitions are allowed.
10. Consequently, the complaints are restored to their original
Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 20 of 21
Signing Date:30.12.2024
15:45:09
numbers and the learned Special Court is directed to proceed with the
amended complaints in accordance with law and the observations
made by this Court in judgement dated 20.12.2023.
11. Pending applications also stand disposed of.
12. A copy of this order be placed in all the matters.
Copy of this order be sent to the Principal District & Sessions Judge,
Tis Hazari Courts for necessary compliance and fixing a date before
the concerned Special Court.
AMIT MAHAJAN, J
DECEMBER 24, 2024
Signature Not Verified
Signed By:KAMALDEEP
KAUR CRL.REV.P. 945/2023 & connected matters Page 21 of 21
Signing Date:30.12.2024
15:45:09