IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.MC.No. 4393 of 2010() ------------------------------------ SC.7/2007 of II ADDL. DISTRICT & SESSIONS COURT, PALAKKAD .................... PETITIONER(S): ------------------------ 1. K.B.RAJENDRA BABU, AGED 50 YEARS, SON OF BASKARAN.K.K., KANIYATH HOUSE, MATHILAKAM POST OFFICE, KODUNGALOOR. 2. P.V. ASOKAN, AGED 40 YEARS, SON OF VELAYUDHAN, PINDIYATHUPADY HOUSE, KARA POST, KODUNGALOOR. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTORN, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION, PALAKKAD DISTRICT. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4393 OF 2010 --------------------------------------------- Dated 3rd December, 2010 O R D E R Petitioners are the accused in S.C.7/2007 on the file of Second Additional Sessions Court, Palakkad, taken cognizance on Annexure-A2 final report submitted by Sub Inspector of Police on 15/12/2005 for the offences under Sections 135, 138, 139 of Indian Electricity Act, 2003. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that under Section 151 of Electricity Act, cognizance could not have been taken on a final report, but only on a written complaint either by the Appropriate Government or appropriate Commission or any other authorised officer Crmc 4393/10 2 and hence cognizance taken is illegal. Petitioners would rely on the decision of this court in Paramasivan v. Union of India (2007 (2) KLT 733). 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. As Annexure-A2 final report does not disclose when exactly cognizance was taken, details were called for from Second Additional Sessions Court, Palakkad. It is informed that cognizance for the offences under Sections 135, 138 and 139 of Electricity Act was taken on 13/2/2006. 4. Section 151 A of Electricity Act was inserted only w.e.f.15/6/2007. Prior to that date, cognizance could have been, taken only as provided under Section 151 of the Crmc 4393/10 3 Electricity Act. It is not on a final report filed by the investigating officer under Section 173(2) of Code of Criminal Procedure as held by this Court in Paramasivan's case (supra). Therefore, cognizance taken can only be quashed. Petition is allowed. Cognizance taken on Annexure-A2 final report and the proceedings pending before Second Additional Sessions Court, Palakkad in S.C.7/2007 is quashed. It is made clear that quashing of the cognizance taken will not bar the learned Magistrate/Sessions Judge to take cognizance as provided under Sections 151/151 A of Electricity Act. M.SASIDHARAN NAMBIAR, JUDGE. uj.