Muhammed Shfeer @ V.S. Shefeer vs State Of Kerala
2022 Latest Caselaw 6596 Ker

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

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

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

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