IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Crl.MC.No. 2586 of 2009() ----------------------------------- CRIME NO.331/2004 OF KOLLAM WEST POLICE STATION .......................... PETITIONERS/ACCUSED 1,8 & 9 ---------------------------------------------- 1. SELVARAJ, S/O.JAYARAM, HOUSE NO.1, UNITY LANE, KACHERY WARD, KOLLAM WEST VILLAGE, KOLLAM TALUK. 2. VARGHESE, S/O.PAULOSE, HOUSE NO.9, UNITY LANE, KACHERY WARD, KOLLAM WEST VILLAGE, KOLLAM TALUK. 3. ANSARI, S/O.YOUSUFKUNJU, ANULET, UNITY LANE, KACHERY WARD, KOLLAM WEST VILLAGE, KOLLAM TALUK. BY ADV. MR.SIRAJ KAROLY RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY DIVISION, KERALA WATER AUTHORITY KOLLAM, REP.BY THE STANDING COUNSEL, KERALA WATER AUTHORITY, HIGH COURT OF KERALA, ERNAKULAM. 3. THE CIRCLE INSPECTOR OF POLICE, WEST POLICE STATION, KOLLAM. R1 & R3 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2586 of 2009 -------------------------- ORDER Petitioners are accused 1, 8 and 9 in C.C.No. 264/2005 on the file of Chief Judicial Magistrate's Court, Kollam, taken cognizance for the offence under Section 3(2)(c) of Prevention of Destruction of Public Property Act, 1984. This petition is filed under Section 482 of Code of Criminal Procedure, contending that as accused 3, 6 and 7 are already remitted the restoration charges, case as against them was quashed by this court under Annexure-VI order in Crl.M.C.No.4140/2005 on 23.3.2009 and petitioners have also remitted the necessary amount as evidenced by Annexure-III receipt. Annexure-IV letter from the Assistant Executive Engineer to the Circle Inspector of Police, West Police Station, Kollam, the Investigating Officer, establishes that payments were already made. In such circumstances, it is CRMC 2586/09 2 submitted that the case as against the petitioners is also to be quashed. 2. Learned counsel appearing for the petitioners, second respondent and learned Public prosecutor were heard. 3. Learned counsel appearing for the second respondent submitted that as informed to the Circle Inspector of Police under Annexure-IV letter, petitioners have remitted the restoration charges and fine and therefore, there is no objection for quashing the case as against the petitioners. In view of quashing of the case as against some of the accused, the case as against the petitioners is also liable to be quashed, as they remitted the restoration charges and fine. Petition is allowed. C.C.No.264/2005 on the file of Chief Judicial Magistrate's Court, Kollam as against petitioners, who are accused 1, 8 and 9, is quashed. 24th August, 2009 (M.Sasidharan Nambiar, Judge) tkv