IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Crl.MC.No. 902 of 2011() ----------------------------- CC.1/2008 of ADDL.SESSIONS COURT, NORTH PARAVUR .................... PETITIONER(S): ACCUSED ------------------------------- G.SAHADEVAN, AGED 47, S/O.GOPALAKRISHNAN, MANAYATH VEEDU, IRAPURAM P.O. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE (CRIME NO.494/08), PUTHENCRUZ POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.902 of 2011 --------------------------------------- Dated this 06th day of April, 2011 ORDER Petitioner is accused in C.C.No.1 of 2008 of learned Additional Sessions Court, North Paravur (Special Court) for offences punishable under Sec. 135 of the Indian Electricity Act (for short, "the Act”) for alleged theft of electrical energy. Petitioner states that subsequent to initiation of proceeding, he has paid the entire amount due to the State Electricity Board (for short, "the Board”) and accordingly, the Executive Engineer (compounding authority), Electrical Division, Tripunithura has passed Annexure-II, order compounding the offence. Hence it is requested that proceeding against petitioner may be quashed. I have heard learned counsel for petitioner, learned Public Prosecutor and standing counsel for the Board. 2. It is seen from Annexure-II, order dated May 14, 2010 that petitioner has paid the entire amount due to the Board for compounding the offence as per receipt No.284/3019 dated May 14, 2010. Annexure-II, order also states that since the consumer has remitted the amount as provided under Sec.152(1)of the Act, the said authority in exercise of power conferred vide first Crl.M.C.No.902 of 2011 -: 2 :- amendment to KESC regulation, 2005 Notification No.1/1/KERC- 2005/IV dated 14.12.2005 (clause 4(e) and 4(f)) has compounded the offence and that the consumer shall be discharged forthwith and further, that no other proceeding shall be instituted or continued against the consumer (petitioner in this case) in connection with the offence in any criminal case. 3. In view of payment of the entire amount and since offence has been compounded by the appropriate authority I am inclined to think that continuance of proceeding is not necessary. Learned standing counsel for the Board has also agreed to the proceeding being quashed in view of Annexure-II, order. Resultantly this criminal miscellaneous case is allowed. Proceeding against petitioner in C.C.No.1 of 2008 of the Court of learned Additional Sessions Judge (Special Court), North Paravur is quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-