IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Crl.MC.No. 4824 of 2010() ------------------------- SC.261/2009 of DISTRICT & SESSIONS COURT, PALAKKAD CP.91/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... (CRIME NO.32/2005 OF WALAYAR POLICE STATION) PETITIONER(S): ------------------------- B. RADHAKRISHNAN, S/O.M.K. BALAN NAMBIAR, MANAGING DIRECTOR, BHUPATHI STEELS (P) LTD., KANJIKODE, PALAKKAD - 678 621. BY ADVS. SRI.J.JULIAN XAVIER, SRI.FIROZ K.ROBIN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING THE SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION, PALAKKAD). 2. ASSISTANT ENGINEER, ELECTRICAL SECTION, KANJIKODE, PALAKKAD, PIN - 678 621. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4824 of 2010 -------------------------- ORDER Petitioners are the accused in S.C.No.261/2009 on the file of Sessions Court, Palakkad, taken cognizance for the offences under Sections 135, 138 and 139 of Indian Electricity Act read with Section 34 of Indian Penal Code on Annexure-1 final report submitted by Sub Inspector of Police, Walayar under Section 173(2) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that cognizance should have been taken on a final report only as provided under Section 151 of Indian Electricity Act. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-1 final report shows that it was submitted on 30.11.2005 and cognizance was taken and summons was issued to 16.1.2006. Section 151A CRMC 4824/10 2 of Indian Electricity Act came into force only with effect from 15.6.2007. Therefore, before 15.6.2007, as provided under Section 151 of Indian Electricity Act, cognizance could have been taken only on a complaint as provided therein and not on a final report submitted under Section 173(2) of Code of Criminal Procedure as held by this Court in Chacko v. Mohandas (2010 (3) KLT 122) and Paramasivam v. Union of India (2007 (2) KLT 733). Hence, the cognizance taken can only be quashed. Petition is allowed. Cognizance taken in C.P. No.91/2005, now pending as S.C.No.261/2009 on the file of Sessions Court, Palakkad is quashed. It is made clear that quashing of the complaint will not disentitle the learned Sessions Judge to take cognizance even on a final report, in view of Section 151A of Indian Electricity Act, subsequent to 15.6.2007. 9th December, 2010 (M.Sasidharan Nambiar, Judge) tkv