IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 1398 of 2007() ------------------------- CC.474/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... PETITIONER(S): ACCUSED ---------------------- BHAVADAS, AGED 61 YEARS, S/O RAMAN, KONGAD AMSOM DESOM, PALAKKAD TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN SRI.K.ANAND RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY P.P.SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------- Crl.M.C.No.1398 of 2007 ----------------------------------- Dated this the 25th day of February, 2010 ORDER This petition is filed to quash Annexure-A final report. 2. Petitioner was charge-sheeted for offence under Section 135 of the Electricity Act, 2003 ('the Act' for short) as per Annexure-A charge-sheet filed by the police before the Magistrate. According to the allegations made in charge he has committed theft of electricity by tampering with the metre. 3. Learned counsel for petitioner submitted that the court can take cognizance of offence under the Act only upon a complaint made by an officer or authority referred to in Section 151 of the Act. The court has committed illegality in taking cognizance of offence under Section 135 of the Act on the basis of Annexure-A charge-sheet filed by the police and hence Annexure-A may be quashed, it is submitted. He also cited a decision of this court in support of his argument. 4. On hearing both sides and going through the decision in Biswanath Patra v. Divisional Engineer Crl.M.C.No.1398 of 2007 2 (2007(4) KLT S.N 7) cited by the counsel for the petitioner in support of his argument, I am satisfied that the court committed an illegality in taking cognizance of offence under Section 135 of the Electricity Act based on Annexure-A. The court ought not to have taken cognizance of the above offence on the basis of a police report. 5. In the result, the following order is passed: Petitioner shall not be proceeded against further on the basis of Annexure-A final report. Petition is allowed. K.Hema, Judge cms