IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4824 of 2010()
1. B. RADHAKRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. ASSISTANT ENGINEER,
For Petitioner :SRI.J.JULIAN XAVIER
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :09/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4824 of 2010
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ORDER
Petitioners are the accused in S.C.No.261/2009
on the file of Sessions Court, Palakkad, taken
cognizance for the offences under Sections 135, 138
and 139 of Indian Electricity Act read with Section
34 of Indian Penal Code on Annexure-1 final report
submitted by Sub Inspector of Police, Walayar under
Section 173(2) of Code of Criminal Procedure. This
petition is filed under Section 482 of Code of
Criminal Procedure to quash the proceedings
contending that cognizance should have been taken
on a final report only as provided under Section
151 of Indian Electricity Act.
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard.
3. Annexure-1 final report shows that it was
submitted on 30.11.2005 and cognizance was taken
and summons was issued to 16.1.2006. Section 151A
CRMC 4824/10 2
of Indian Electricity Act came into force only with
effect from 15.6.2007. Therefore, before 15.6.2007,
as provided under Section 151 of Indian Electricity
Act, cognizance could have been taken only on a
complaint as provided therein and not on a final
report submitted under Section 173(2) of Code of
Criminal Procedure as held by this Court in Chacko
v. Mohandas (2010 (3) KLT 122) and Paramasivam v.
Union of India (2007 (2) KLT 733). Hence, the
cognizance taken can only be quashed.
Petition is allowed. Cognizance taken in C.P.
No.91/2005, now pending as S.C.No.261/2009 on the
file of Sessions Court, Palakkad is quashed. It is
made clear that quashing of the complaint will not
disentitle the learned Sessions Judge to take
cognizance even on a final report, in view of
Section 151A of Indian Electricity Act, subsequent
to 15.6.2007.
9th December, 2010 (M.Sasidharan Nambiar, Judge)
tkv