IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Crl.MC.No. 1765 of 2011 ---------------------------------- [S.C.NO.515/2009 OF DISTRICT & SESSIONS COURT, THRISSUR] .................... PETITIONER/ACCUSED: ---------------------------------- V.K.PUSHKARAN,S/O.KRISHNAN, VADASSERY HOUSE,KUZHUKKULLY DESOM,KOZHUKULLY P.O, THRISSUR. BY ADV. SRI.K.I.SAGEER IBRAHIM. RESPONDENTS/STATE AND THE COMPLAINANT: ----------------------------------------------------------------------- 1. STATE OF KERALA ,REP.BY SUB INSPECTOR OF POLICE, OLLUR POLICE STATION(CRIME NO.570/2006) OLLUR ,THRISSUR ,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. KERALA STATE ELECTRICITY BOARD , REP.BY ITS SECRETARY, VIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. ASSISTANT ENGINEER,ELECTRICAL SECTION,K.S.E.B, PUTHUR, VETTUKAD POST, THRISSUR. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN, R2 & R3 BY ADV. SRI.K.M.SATHYANATHA MENON,S.C,K.S.E.B. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 1765/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: COPY OF THE COMPLAINT BY THE ASSISTANT ENGINEER ALONG WITH FIR NO.570/2006 OF OLLUR POLICE STATION. ANNEXURE A2: COPY OF THE ORDER DT. 03/01/2007 IN CRL.M.C. NO. 3750/2006 OF SESSIONS COURT, THRISSUR. ANNEXURE A3: COPY OF THE FINAL REPORT IN FIR NO.570/2006 OF OLLUR POLICE STATION. ANNEXURE A4: COPY OF THE PETITION SUBMITTED BY THE POLICE BEFORE THE MAGISTRATE COURT DT. NIL. RESPONDENTS' ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.1765 of 2011 ----------------------------------- Dated this the 20th day of October 2011 O R D E R Petitioner is the accused in C.C.No.515/2009 on the file of Sessions Court, Thrissur. The offences alleged against him are under Secs.135 and 138 of the Indian Electricity Act, 2003. The final report was filed by the police on February, 2008. It is submitted that the cognizance was taken on 9.2.2008. Prior to the amendment, the cognizance can be taken only on the basis of a complaint filed by the authorised officers mentioned in Sec.151 as it stood then. Subsequently there has been an amendment adding a proviso to Sec.151. The amendment came into force with effect from 15.6.2007. The proviso to Sec.151 reads : “Provided that the court may also take cognizance of an offence punishable under this Act upon a report of a police officer filed under Sec.173 of the Code of Criminal Procedure, 1973. Provided further that a Special Court constituted under Sec.153 shall be competent to take cognizance of an offence without the accused being committed to it for trial.” Crl.M.C. No.1765 of 2011 -: 2 :- Therefore, the contention that the cognizance taken by the court based on a police report is unsustainable must fall to the ground. 2. The learned counsel for the petitioner/accused now submits that the Sessions Court was not notified as a Special Court as required under Sec.153 of the Act. Learned counsel for the 2nd respondent has now produced before me a notification numbered as G.O.(MS) No.163/2007/Home dated 11.7.2007; the table of courts are annexured thereto as 'Special Courts” for trial of offences referred to in Sections 135 to 139 of the Indian Electricity Act. The District and Sessions Court, Thrissur, has been notified as Special Courts for that purpose, for the area within the Revenue District. Hence, the contention raised by the learned counsel for the petitioner as aforesaid is also unsustainable. Hence, this Crl.M.C. is dismissed. N.K.BALAKRISHNAN, JUDGE. Jvt