IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Crl.MC.No. 4140 of 2005() ------------------------- CRIME NO.331/04 OF KOLLAM WEST POLICE STATION PETITIONER(S): ACCUSED 3,6 AND 7. ------------------------------------------ 1. RADHAKRISHNA PAI, HOUSE NO.3, UNITY LANE, LEKSHMI NADA, KOLLAM. 2. K.G.SHARMA, HOUSE NO.4, UNITY LANE, LAKSHMI NADA, KOLLAM. 3. KASIM SAIT, S/O.ABDUL KHADER SAIT, HOUSE NO.6, UNITY LANE, LEKSHMI NADA, KOLLAM. BY ADV. SRI.ALAN PAPALI SRI.PRASUN.S RESPONDENT(S)/STATE/COMPLAINANTS: --------------------------------------------- 1. S.I.OF POLICE, KOLLAM WEST POLICE STATION (CRIME NO.331/04 OF THE SAME POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIG H COURT OF KERALA, ERNAKULAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION, KERALA WATER AUTHORITY, KOLLAM, REPRESENTED BY THE STANDING COUNSEL K.W.A HIGH COURT OF KERALA. ERNAKULAM. PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU SRI.C.RASHEED, SC, KWA FOR R2 SRI.M.DINESH, SC, KWA FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.2228/07 IN CRL.M.C.NO.4140/05 //DISMISSED// 23.3.09 SD/-M.C.HARI RANI, JUDGE. TRUE COPY P.A.TO JUDGE M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.4140 OF 2005 ----------------------------------------------------- DATED THIS THE 23rd DAY OF MARCH, 2009 O R D E R Petitioners 1 to 3 are accused Nos.3, 6 and 7 respectively in Crime No.331/04 of Kollam West Police Station alleging the commission of offence punishable under Section 3(2)(c) of PDPP Act, 1984. The prayer in this petition is to quash the charge sheet in Crime No.331/04 of Kollam West Police Station now pending as C.C.No.264/05 on the file of the Court of C.J.M., Kollam and all proceedings pursuant thereto as against the petitioners. 2. Heard the learned counsel Shri Alan Papali, appearing for the petitioners and also the Standing Counsel Shri M.Dinesh, for the second respondent. 3. It is represented by Shri M.Dinesh, the learned Standing Counsel for the 2nd respondent that Annexure C letter written by the Assistant Executive Engineer to the Circle Inspector of Police, West Police Station, Kollam dated 22.7.2005 would reveal that petitioners herein shown as Serial Nos.4, 6 and CRL.M.C.No.4140/05 -2- 7 therein have already remitted the restoration charges and the prescribed fine and prayer in this petition can be allowed. That submission is recorded. Accordingly, Annexure D charge sheet in Crime No.331/04 of Kollam West Police Station now pending as C.C.No.264/05 on the file of the Court of C.J.M., Kollam and all proceedings pursuant thereto as against the petitioners are quashed. In the result, the prayer in this Crl.M.C. is allowed. M.C.HARI RANI, JUDGE. dsn