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