High Court Kerala High Court

Sreekumar vs S.I. Of Police on 19 August, 2009

Kerala High Court
Sreekumar vs S.I. Of Police on 19 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2711 of 2009()


1. SREEKUMAR, S/O. SREEDHARAN NAIR,
                      ...  Petitioner
2. SMT. SREEDVI, W/O. SUNDERASAN PILLAI,

                        Vs



1. S.I. OF POLICE, KOLLAM WEST POLICE
                       ...       Respondent

2. THE ASSISTANT EXECUTIVE ENGINEER,

                For Petitioner  :SRI.ANCHAL C.VIJAYAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :19/08/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.

              ------------------------------------------
               CRL.M.C.NO.2711 OF 2009
              ------------------------------------------

              Dated       19th     August        2009


                           O R D E R

Petitioners are accused 2 and 4 in

C.C.264/2005 on the file of Chief Judicial Magistrate,

Kollam. Petitioners are being tried for the offences

under Section 3(2)(c) of P.D.P.P Act on the allegation

that, they damaged the pipe laid by Kerala Water

Authority, Kollam. There are altogether ten accused.

The case as against accused 3, 6 and 7 was quashed by

this court as per Annexure-F order dated 23/3/2009

accepting the case that damages sustained by Kerala

Water Authority on account of damages committed their

was paid by them. This petition is filed under

Section 482 of Code of Criminal Procedure to quash

the proceedings as against the petitioners

contending that under Annexures-C and D receipts they

also paid the entire damages caused by them.

2. Learned counsel appearing for second

respondent, Kerala Water Authority submitted that

petitioners have paid the damages caused to Kerala

CRMC 2711/09
2

Water Authority, evidenced by Annexures-C and D

receipts and in such circumstances, second respondent

has no objection for quashing the proceedings. As on

similar grounds, case as against accused 3,6 and 7 was

quashed under Annexure-F order, petitioners are also

entitled to get the case as against them quashed.

Petition is allowed. C.C.264/2005 on the file

of Chief Judicial Magistrate, Kollam as against

petitioners who are accused 2 and 4 are quashed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.