Crl.MC. disposed of after the Electricity Board compounded charges and ordered discharge of the accused in the underlying crime. Court directed release of a detained co-accused.
Resolved that the charged accused be discharged; detained under-trial co-accused to be released forthwith.
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 B.KEMAL PASHA
MONDAY, THE 29TH DAY OF FEBRUARY 2016/10TH PHALGUNA, 1937
Crl.MC.No. 518 of 2016 ()
CRIME NO. 2009/2015 OF VAIKOM POLICE STATION, KOTTAYAM DISTRICT
PETITIONER/ACCUSED :
--------------------------------
KUNJAN THAMBI, AGED 57 YEARS, EDIYATHERIYIL HOUSE, PALLIKKARA, PINERMUNDA KARA, ERNAKULAM PIN 683 565.
BY ADV. SRI.PAUL K.VARGHESE
RESPONDENTS/DEFACTO COMPLAINANT :
-------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. KERALA STATE ELECTRICITY BOARD VYDHUTHY BHAVAN, PATTOM, THIRUVANANTHAPURAM PIN- 695 004.
3. KERALA STATE ELECTRICITY BOARD
R1 BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN R2 & R3 BY SRI.K.M.SATHYANATHA MENON,SC,KSEB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 518 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNX.1: - | A TRUE COPY OF THE NOTICE WITH BILL NO.0119916 ISSUED BY ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD VAIKKOM DATED 16.11.2015. |
|---|---|
| ANNX.2: - | A TRUE COPY OF THE MAHASSER PREPARED BY THE ASSISTANT ENGINEER KSEB VAIKKAM DATED 19.11.2015. |
| ANNX.3: - | A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE ASSISTANT ENGINEER KSEB VAIKKOM DATED 19.11.2015. |
| ANNX.4: - | A TRUE COPY OF THE FIR IN CRIME NO.2009/2015 OF VAIKKOM POLICE STATION DATED 19.11.2015. |
| ANNX.5: - | A TRUE COPY OF THE JUDGMENT IN WPC NO.35796/2015 OF THIS HON'BLE COURT DATED 26.11.2015. |
| ANNX.6: - | A TRUE COPY OF THE BILL ISSUED BY THE ELECTRICITY BOARD VAIKOM DATED 15.12.2015. |
| ANNX.7: - | A TRUE COPY OF THE BILL ISSUED BY THE ELECTRICITY BOARD VAIKOM DATED 7/12/2015 |
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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B. KEMAL PASHA, J.
==================== CRL.M.C. No. 518 of 2016
====================
Dated this the 29th day of February, 2016
O R D E R
Learned Standing Counsel for the Kerala State Electricity Board has produced the proceedings of the Executive Engineer, Electrical Division, Vaikom. The matter has been compounded and the 5th accused has remitted the compounding charges of ₹20,000/- on 15.12.2015. Through the proceedings, it has been ordered that the accused in Crime No.2009 of 2015 of the Vaikom Police Station shall be discharged and no proceedings shall be instituted against the accused in any criminal court in that regard.
Recording the said proceedings, this Crl.M.C. is disposed of. It has been brought to the notice of this Court that one of the accused in the Crime has already been
CRL.M.C.No. 518 of 2016
-: 2 :-
arrested and now he has been undergoing detention as under-trial prisoner in the said crime. He shall be released forthwith, in case his detention is not required in connection with any other case against him.
Sd/- B.KEMAL PASHA, JUDGE.
DSV/29/2/16
// true copy //
P. A. to Judge.
Kunjan Thambi
State of Kerala
Kerala State Electricity Board
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
