IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Crl.MC.No. 3679 of 2010() ----------------------------------- CC.4/2010 of ADDL.SESSIONS COURT, PARAVUR .................... PETITIONER(S): 2ND ACCUSED ----------------------------------- SRI.JOBY T.POULOSE, PUTHANETHU HOUSE, THALAKODE P.O., KOTHAMANGALAM. BY ADV. SRI.JOHN K.GEORGE RESPONDENT(S): COMPLAINANT & INFORMANT --------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, EDAYAR, MUPPATHADAM. R1 BY PUBLIC PROSECUTOR SRI.P.A.SALIM R2 BY ADV. SRI.P.P.THAJUDEEN, SC, KSEB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3679 of 2010 -------------------------- ORDER Petitioner is the second accused in C.C.4/2010 on the file of Additional Sessions Court, North Parur, taken cognizance for the offences under Sections 135, 138 and 139 of Electricity Act on Annexure-II final report submitted by Sub Inspector of Police, Binanipuram. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that as held by this Court in Chacko.A.K. v. Assistant Executive Engineer, K.S.E.B. (ILR 2010 (3) Kerala 164), cognizance can be taken only on a complaint and not on a final report submitted under Section 173(2) of Code of Criminal Procedure, as the incident occurred in 2005, prior to the introduction of Section 151A of Electricity Act. 2. Learned counsel appearing for the petitioner, learned standing counsel appearing for the second respondent and learned Public Prosecutor were heard. 3. Cognizance taken is challenged on the ground that in view of Section 151 of Electricity Act, cognizance can be taken only on a complaint and not on CRMC 3679/10 2 a final report submitted by the Sub Inspector under Section 173(2) of Code of Criminal Procedure. Section 151A of Electricity Act came into force with effect from 15.6.2007. By virtue of Section 151A of Electricity Act, a police officer, investigating the case, is competent to file a final report under Section 173(2) of Code of Criminal Procedure and the Magistrate or the Sessions Judge is competent to take cognizance of the offence. Argument of the learned counsel is that cognizance cannot be taken on the final report, as the offence was committed prior to the introduction of Section 151A of Electricity Act. The legality of the cognizance taken is to be considered as on the date when the cognizance was taken. True, on the date when the alleged offence was committed, cognizance could not have been taken on a final report. But, from 15.6.2007, cognizance could be taken on a final report. As cognizance was taken in 2010, subsequent to the coming into force of Section 151A of Electricity Act, the cognizance taken is perfectly legal. Petition is dismissed. 16th September, 2010 (M.Sasidharan Nambiar, Judge) tkv