Petitioner sought quashing of FIR alleging compoundable offences under Indian Electricity Act. Court held too early to intervene as Investigating Officer had not processed compoundation notice.
Petition disposed with direction to SHO to look into Annexure 3 and file final report.
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 MR.JUSTICE. P.S.GOPINATHAN
MONDAY, THE 9TH DAY OF APRIL 2012/20TH CHAITHRA 1934
Crl.MC.No. 775 of 2012 (B)
CRIME NO.126/2012 OF ERAVIPURAM POLICE SATION, KOLLAM DISTRICT.
PETITIONER(S)/ACCUSED:
SHASHWATHA SHENOY
S/O.SARVOTHAMA SHENOY, RESIDING AT KANAKALAYAM LAKSHMINADA, MAIN ROAD, KOLLAM.
BY ADVS.SRI.S.VINOD BHAT
SRI.LEGITH T.KOTTAKKAL
COMPLAINANT(S)/DEFACT COMPLAINANT:
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-04-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
amk
P.S.GOPINATHAN, J
---------------------------Crl.M.C.No.775 OF 2012
-------------------------Dated this the 9th day of April, 2012.
O R D E R
In this petition under Section 482 of the Code of
Criminal Procedure, the petitioner assails Annexure 2 First Information Report in Crime No.126/2012 of Eravipuram Police Station for offences under Sections 135, 136, 138
and 150 of the Indian Electricity Act.
compoundable and it has been duly compounded between the Electricity Board and the petitioner and that an intimation to that effect was conveyed to the Investigating Officer by the original of Annexure 3. According to the petitioner since the matter has been compounded between
the Electricity Board and the petitioner, by virtue of Section 152(3) of the Indian Electricity Act, that would
Crl.M.C.No.775 OF 2012 2
amount to acquittal under Section 300 of the Code of Criminal Procedure an not liable to be further prosecuted. I find that this is a matter to be looked into by the Investigating Officer. But the Investigating Officer had not taken any action on Annexure 3. Therefore, it is too early for this court to intervene.
In the result, this petition is disposed of with direction to the Station House Officer, Eravipuram Police Station to look into Annexure 3 and file a final report as early as possible.
Sd/P.S.GOPINATHAN, //True Copy// P.A to Judge
2 issues framed by the court
Whether the High Court should quash FIR when offences are alleged compoundable and compoundation letter not acted upon by Investigating Officer.
Whether Section 152(3) of Indian Electricity Act amounts to acquittal under Section 300 CrPC preventing further prosecution.
4 provisions across 2 enactments
Shashwatha Shenoy
State of Kerala
Assistant Engineer, KSEB
P.S.Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
