Petitioners challenged a charge sheet under PDPP Act, 1984. Representing the respondent authority, counsel stated restoration charges and fines were paid. The court quashed the charge sheet and proceedings on this basis.
Quashed Annexure D charge sheet in Crime No.331/04 (C.C.No.264/05) and all proceedings against petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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.
BY ADV. SRI.ALAN PAPALI
SRI.PRASUN.S
RESPONDENT(S)/STATE/COMPLAINANTS:
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.
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
1 issue framed by the court
Whether the prayer to quash the charge sheet and proceedings under PDPP Act, 1984 can be allowed if accused have remitted restoration charges and fine.
Radhakrishna Pai, K.G.Sharma, Kasim Sait
S.I. of Police, Kollam West Police Station
Assistant Executive Engineer, Kerala Water Authority, Kollam
M.C.HARI RANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
