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Date of Reserve: 13th December, 2010
Date of Order: 20th December, 2010 Crl.M.C.No. 3816/2010
20.12.2010 Shyam Malik ... Petitioner
Through: Mr. Rajat Sharma, Advocate
Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate
JUSTICE SHIV NARAYAN DHINGRA
JUDGMENT
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest? ORDER This petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing/setting aside the summoning order dated 11th August, 2010 passed by the learned Special Judge on a complaint of the respondent about theft of electricity. The petitioner has sought quashing of complaint and the summoning order on the ground that the petitioner was falsely involved by the respondent in a case of theft of electricity. Various reasons are given as to why petitioner was falsely involved. It is obvious that the petitioner has raised disputed questions of facts in this petition. This Court cannot adjudicate questions of facts in a petition under Section 482 Cr.P.C. The petitioner has to approach the trial Court and at the time of taking notice under Section 251 Cr.P.C., the petitioner has to disclose his defence and prove the defence during trial. I find no force in this petition. The petition is hereby dismissed. December 20, 2010 SHIV NARAYAN DHINGRA, J. vn