High Court Kerala High Court

Lt.Colonel vs State on 14 October, 2009

Kerala High Court
Lt.Colonel vs State on 14 October, 2009
       

  

  

 
 
  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.

              ------------------------------------------
               CRL.M.C.NO. 3193 OF 2009
              ------------------------------------------

              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 is to be withdrawn.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.