IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Crl.MC.No. 858 of 2009() ------------------------ CC.687/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER(S): --------------- ROSILI CHACKO, 106, ROBINVILLA, VAZHAPPALLY, CHANGANACHERRY. BY ADV. SRI.ANIL THOMAS (MELEMALAYIL) RESPONDENT(S): --------------- 1. T.A.MOHANDAS, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB-DIVISION, K.S.E.B., KANJIRAPALLY, KOTTAYAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 858 OF 2009 --------------------------------- Dated this the 12th day of March, 2009 O R D E R This petition is filed to quash all further proceedings against the petitioner in order to render justice. Annexure A1 is the complaint filed by the Engineer before the Judicial First Class Magistrate-I, Kanjirapilly. The present petitioner is the 3rd accused. She is the wife of the 1st accused. 2. A perusal of the complaint would reveal that the House No. 437 in Ward No. VI is owned by the 1st accused. The accusation is that energy had been stolen to that house. Annexure A3 would reveal that the petitioner herein is residing in a different place at Chenganaserry. Annexure A4 would reveal about the Ration Card. It has to be remembered, the status of the 3rd accused is only as the wife of the 1st accused. There is nothing to show that she had any connection with the alleged stealing of the electricity so as to attract an offence under Section 39 of the Electricity Act. She is not the consumer as well. Therefore I find there cannot be any proceedings against the Crl.M.C. 858/2009 -2- present petitioner. Therefore I quash all proceedings against the present petitioner namely Rosili Chacko who is the 3rd accused in S.C. 284/2008. The Crl.M.C is allowed. M.N. KRISHNAN, JUDGE vkm