Crl.M.C.No.5989/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
CRL.MC NO. 5989 OF 2021
CRIME NO.378/2017 OF Chengamanad Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN CP 15/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, ALUVA
PETITIONERS/ACCUSED 1 & 2:
1 MUHAMMED SHFEER @ V.S. SHEFEER,
AGED 40 YEARS,
S/O.SAMSUDHEEN, VALIYAKATH HOUSE,
MASJID ROAD, KUNNUKARA VILLAGE,
ERNAKULAM DISTRICT-683 578.
2 NISSAR,
AGED 42 YEARS,
S/O HAMZA, MADASSERY HOUSE, MASJID ROAD,
KUNNUKARA VILLAGE, ERNAKULAM DISTRICT-683 578.
BY ADVS.
BOBBY RAPHEAL.C
E.C.POULOSE
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031. (REPRESENTING THE STATION
HOUSE OFFICER, CHENGAMANAD POLICE STATION, ERNAKULAM
DISTRICT )
2 GEETHAMOL,
W/O.RAJU, CHAKKAMKULANGARA HOUSE, ASOKA NAGAR,
EDATHALAKARA, CHOONDI BHAGAM, ALUVA EAST VILLAGE,
ERNAKULAM DISTRICT (ASSISTANT ENGINEER, KERALA STATE
ELECTRICITY BOARD LTD, ELECTRICAL SESSION,
KUNNUKARA, ERNAKULAM-683 578.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5989/21 2
ORDER
Petitioners are the accused Nos.1 and 2 in Crime No.378 of 2017 of Chengamanad Police Station, which is now pending as C.P.No.15 of 2019 before the Judicial First Class Magistrate Court- I, Aluva. The offences alleged against the petitioners are under Section 135 1(a) of Indian Electricity Act, 2003.
2. The prosecution case is that on 23.03.2017 at about 10.30 am, the accused persons, with the intention to cause pecuniary loss to the Kerala State Electricity Board, removed the cover of the Electric Meter installed in his premises and connected PVC wire about 20 meters length, for operating a water pump, in such a manner that the electricity consumption does not record in the meter. Annexure-A1 is the complaint submitted by the 2 nd respondent herein, and based on the same, Annexure-A2 FIR was registered. Upon completion of the investigation, Annexure-A3 final report was submitted by the police, which is now pending before the Judicial First Class Magistrate Court-I, Aluva as C.P.No.15 of 2019. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.Bobby Rapheal C., learned counsel for the Crl.M.C.No.5989/21 3 petitioners, Sri.A.Arunkumar, learned Standing counsel for the Kerala State Electricity Board and Sri.Sudheer Gopalakrishnan, learned Public Prosecutor for the State.
4. The main contention put forward by the learned counsel for the petitioners is that, the offence under Section 135 1(a) of Electricity Act is compoundable as per the provisions contained under Section 152 of the said Act. It is pointed out that the petitioners have already remitted the compounding fee prescribed as per Section 152 of the Electricity Act and the same was accepted by the 2nd respondent as well. In such circumstances, as the compounding fee is already deposited, further proceedings against the petitioners is unwarranted.
5. The learned Standing Counsel upon instructions submits that the compounding fee is already remitted on 09.05.2017. As the Section 152 of the Act specifically provides an opportunity for the accused to compound the offence by remitting a fee prescribed therein, the payment of the same should result in termination of prosecution against him. It is a statutory mandate as contemplated under Section 152 of the Electricity Act.
6. Since the payment of compounding fee is already acknowledged by the 2nd respondent/de facto complainant, the Crl.M.C.No.5989/21 4 petitioner is entitled for the benefit of the same. In such circumstances, continuing the prosecution as against the petitioners is unwarranted and unjustifiable.
In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in Annexure-A3 final report submitted in Crime No.378 of 2017 and all further proceedings in C.P.No.15 of 2019 on the files of the Judicial First Class Magistrate Court-I, Aluva, against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/10.6.22 Crl.M.C.No.5989/21 5 APPENDIX OF CRL.MC 5989/2021 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE COMPLAINT DATED 24.3.2017 FILED BY THE 2ND RESPONDENT TO THE SUB INSPECTOR OF POLICE CHENGAMANAD Annexure A2 CERTIFIED COPY OF THE FIR IN CRIME NO 378/2017 OF CHENGAMANAD POLICE STATION, ERNAKULAM DISTRICT Annexure A3 CERTIFIED COPY OF THE CHARGE SHEET IN CP NO 15/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1 ALUVA Annexure A4 TRUE COPY OF THE COMMUNICATION DATED 9.5.2017 SENT BY THE 2ND RESPONDENT TO THE SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION Annexure A5 TRUE COPY OF THE REPLY NO BB/KUNNUKARA/2020-21/RIA/07/143 DATED 17.11.2020 ISSUED BY THE PUBLIC INFORMATION OFFICER OF HE 2ND RESPONDENT