IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Crl.MC.No. 3193 of 2009() ------------------------- CC.285/2009 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): ACCUSED NO.1 --------------------------- LT.COLONEL, S.R.BABU, GENERAL MANAGER, NET WORKS OPERATION, VODAFONE ESSAR CELLULAR LTD, KERALA CIRCLE, ASHIS BUILDING, SHANMUGHAM ROAD, KOCHI-31. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. By PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3193 OF 2009 ------------------------------------------ Dated 14th October 2009 O R D E R Petitioner is the accused in C.C.285/2009 on the file of Judicial First Class Magistrate-IV, Kozhikode taken cognizance for the offence under Section 3(1) of P.D.P.P Act on Annexure-E final report. Prosecution case is that while lying Optic Fiber Cable in Calicut city damage was caused to PWD road and thereby the accused committed offence under Section 3(1) of the P.D.P.P Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the entire damages caused were already paid by the petitioner and in view of the payment of the damages, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-C intimation of the Assistant Executive Engineer, PWD, Roads Sub Division, Kozhikode dated 6/10/2008 to the Circle Inspector of Police, CRMC 3193/09 2 Nadakkavu shows that though case was registered, on a complaint filed against M/s.Vodafone Essar Cellular Ltd., for the purpose of recovering loss to Government property on account of unauthorised trenching of PWD road by the firm, M/s.Vodafone Essar Cellular Ltd. has come forward to remit the necessary damages caused by trenching of the road and the Executive Engineer, Roads Division, Kozhikode has accorded permission for trenching of PWD road for lying Optic Fiber Cable to the firm subject to realisation of reformation charges and in such circumstances, complaint lodged against M/s.Vodafone Essar Cellular Ltd. is to be withdrawn. Circle Inspector was requested to drop the action initiated against the petitioner. 4. Annexure-G statement of the Assistant Executive Engineer, PWD, Roads Division recorded under Section 161 of Code of Criminal Procedure establish that M/s.Vodafone Essar Cellular Ltd. had deposited Rs.2,38,602/- before the Executive Engineer towards the reformation charge of English Church Cross Road RS.80,408/-, towards reformation of Mini Bye-pass road Rs.80,408/- towards reformation of CRMC 3193/09 3 Nadakkavu cross road Rs.77,786/- and together Rs.2,38,602/- is deposited in the treasury. In such circumstances, it is submitted that it is not in the interest of justice to continue the prosecution. 5. Learned Public Prosecutor also submitted that the offence alleged is against the petitioner is causing damages to the public road by unlawful trenching and the entire damages caused were already realised, there is no objection for quashing the proceedings. In such circumstances, petition is allowed. C.C.285/2009 on the file of Judicial First Class Magistrate-IV, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.