IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3193 of 2009()
1. LT.COLONEL, S.R.BABU,
... Petitioner
Vs
1. STATE,
... Respondent
For Petitioner :SRI.B.RAMAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :14/10/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO. 3193 OF 2009
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Dated 14th October 2009
O R D E R
Petitioner is the accused in C.C.285/2009 on
the file of Judicial First Class Magistrate-IV,
Kozhikode taken cognizance for the offence under
Section 3(1) of P.D.P.P Act on Annexure-E final
report. Prosecution case is that while lying Optic
Fiber Cable in Calicut city damage was caused to PWD
road and thereby the accused committed offence under
Section 3(1) of the P.D.P.P Act. This petition is
filed under Section 482 of Code of Criminal Procedure
to quash the proceedings contending that the entire
damages caused were already paid by the petitioner and
in view of the payment of the damages, it is not in
the interest of justice to continue the prosecution.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were heard.
3. Annexure-C intimation of the Assistant
Executive Engineer, PWD, Roads Sub Division, Kozhikode
dated 6/10/2008 to the Circle Inspector of Police,
CRMC 3193/09
2
Nadakkavu shows that though case was registered, on a
complaint filed against M/s.Vodafone Essar Cellular
Ltd., for the purpose of recovering loss to
Government property on account of unauthorised
trenching of PWD road by the firm, M/s.Vodafone
Essar Cellular Ltd. has come forward to remit the
necessary damages caused by trenching of the road and
the Executive Engineer, Roads Division, Kozhikode has
accorded permission for trenching of PWD road for
lying Optic Fiber Cable to the firm subject to
realisation of reformation charges and in such
circumstances, complaint lodged against M/s.Vodafone
Essar Cellular Ltd. is to be withdrawn. Circle
Inspector was requested to drop the action initiated
against the petitioner.
4. Annexure-G statement of the Assistant
Executive Engineer, PWD, Roads Division recorded
under Section 161 of Code of Criminal Procedure
establish that M/s.Vodafone Essar Cellular Ltd. had
deposited Rs.2,38,602/- before the Executive Engineer
towards the reformation charge of English Church
Cross Road RS.80,408/-, towards reformation of Mini
Bye-pass road Rs.80,408/- towards reformation of
CRMC 3193/09
3
Nadakkavu cross road Rs.77,786/- and together
Rs.2,38,602/- is deposited in the treasury. In such
circumstances, it is submitted that it is not in the
interest of justice to continue the prosecution.
5. Learned Public Prosecutor also submitted that the offence alleged is against the
petitioner is causing damages to the public road by
unlawful trenching and the entire damages caused were
already realised, there is no objection for quashing
the proceedings.
In such circumstances, petition is
allowed. C.C.285/2009 on the file of Judicial First
Class Magistrate-IV, Kozhikode is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.