IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 26278 of 2010(Q) ----------------------------------------- C.C.193/2008 AND C.C.222/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOTTAYAM. ....................... PETITIONER(S): ------------------------ LIBIN ABRAHAM, ATTUVAYIL HOUSE, KANAKKARY P.O., KOTTAYAM. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, TRIVANDRUM-1. 3. THE ASSISTANT ENGINEER, ELECTRICAL SUB DIVISION, MANARCAD, MANARCAD- 686 019. 4. V.T. ANTHRAYOSE, VADAKKEDATH HOUSE, ARANI, MEENADOM VILLAGE, KOTTAYAM-686 516. R1 BY GOVT. PLEADER SMT.M.K. PUSHPALATHA. R2 & R3 BY ADV. MR.P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.26278 OF 2010 --------------------------------------------- Dated 20th September, 2010 JUDGMENT Petitioner, the second accused in C.C.193/2008 on the file of Judicial First Class Magistrate's Court-II, Kottayam filed this petition under Article 227 of Constitution of India for a writ of certiorari to quash C.C.193/2008 and C.C.222/2008 and permit the petitioner to deposit Rs.12,150/- being the loss suffered by the K.S.E.B or in the alternative to direct the learned Magistrate to accept the deposit of Rs.12,150/0 from the petitioner and to take steps in accordance with the compromise or to direct the second respondent to accept the loss quantified at Rs.12,150/-, evidenced by Ext.P8 and Wpc 26278/10 2 allow the learned Magistrate to take further steps. C.C.193/2008 was taken cognizance for the offences under Sections 451, 332, 341 and 506(i) read with Section 34 of Indian Penal Code and Section 3(2)(a) of P.D.P.P Act, 1984 on Ext.P1 final report. C.C.222/2008 was taken cognizance against fourth respondent in Ext.P3 final report, for the offence under Section 324 of Indian Penal Code. Ext.P1 final report shows that prosecution case is that on 4/3/2008 at about 3 p.m due to previous enmity of the three accused against fourth respondent, they in furtherance of their common intention trespassed into K.S.E.B office and threatened fourth respondent and caused hurt and obstructed fourth respondent from discharging his duty as Assistant Engineer and also damaged the furniture and records of K.S.E.B Wpc 26278/10 3 office and thereby committed the offences under Sections 451, 332, 341 and 506(i) read with Section 34 of Indian Penal Code and Section 3 (2)(a) of P.D.P.P.Act. On the materials furnished, cognizance taken in C.C.193/2008 cannot be quashed as sought for. So also there cannot be a direction to the learned Magistrate to accept the damages and to settle the dispute. 2. Learned counsel appearing for the petitioner then submitted that by Ext.P8 Assistant Executive Engineer, Manarcad sought directions of second respondent, Secretary of K.S.E.B intimating the willingness of the petitioner to pay damages of Rs.12,150/- sustained by K.S.E.B and no order has been passed in Ext.P8 and a direction be issued to pass orders in Ext.P8. Learned counsel Wpc 26278/10 4 appearing for the second respondent submitted that Ext.P8 was received by the second respondent. In such circumstances, writ petition is disposed directing the second respondent to pass appropriate order in Ext.P8 expeditiously, at any rate, within three weeks from the date of receipt of copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE. uj.