Quashed

Gopi v. State of Kerala

Kerala HC12 Jan 2017Crl.MC/5121/2013

Case brief

AI extract

What is this about?

In Crl.MC.No.5121 of 2013, the Kerala High Court quashed criminal proceedings against the petitioner for theft of electricity. The court quashed the case as the Assistant Engineer of KSEB had no objection, given that the appellate authority had already cancelled the bill for the alleged loss of Rs. 19,376/-.

What did the court decide?

All proceedings in C.C.No.68/2013 on the files of the Judicial First Class Magistrate, Vadakkancherry were quashed.

Gopi Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH

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THURSDAY, THE 12TH DAY OF JANUARY 2017/22ND POUSHA, 1938

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Crl.MC.No. 5121 of 2013 ()

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( CC 68/2013 of J.M.F.C.,VADAKKANCHERRY)

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PETITIONER/ACCUSED:

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GOPI, AGED 50 YEARS S/O, RAMAN NAIR CHAKKUNNATHU HOUSE, VENGANELLUR VILLAGE, VENGANELLUR DESOM, THRISSUR.

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BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN

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RESPONDENTS/COMPLAINANT/STATE

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STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.624/2012 OF CHELAKKARA POLICE STATION, THRISSUR DISTRICT)

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ADDITIONAL RESPONDENT

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ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, CHELAKKARA THRISSUR DIST. - 680 586

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*** ADDITIONAL RESPONDENT IS IMPLEADED AS PER ORDER DATED 14/02/2014 IN CRL.M.A.NO.1731/2014.**

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R2 BY ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB R1 BY PUBLIC PROSECUTOR SMT.MAYA M.N.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5121 of 2013 () ---------------------------

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APPENDIX

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PETITIONER'S EXHIBITS

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ANNX.1 - COPY OF THE FINAL REPORT IN CRIME NO.624/2012 OF CHELAKKARA POLICE STATION, THRISSUR.

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ANNX.II - COPY OF THE ORDER IN DCE-IJK/AEII/9-A04/2012-13/290 DATED 30-04-2013

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ANNX.III - COPY OF THE LETTER ISSUED BY ASSISTANT ENGINEER, ELECTRICAL SECTION CHELAKARA, DATED 05-06-2013

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/TRUE COPY/

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PS TO JUDGE

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K.P.JYOTHINDRANATH, J.

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Crl.M.C.No.5121 OF 2013

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Dated this the12th day of January, 2017

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ORDER

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The facts in a nut shell for consideration of this case is as

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follows :

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The petitioner is the accused in C.C.No.68/2013 on the files of

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the Judicial First Class Magistrate, Wadakkanchery. The offences alleged are under Sections 379 of IPC and Sections 135, 138, 150 of Kerala Electricity Act and Section 136(e) of Electricity Amendment Act, 2007. The allegation is that by tapping electricity from consumer connection No.271 of Chelakara section, which is a domestic connection, petitioner committed theft of electricity for industrial purpose and thereby the Board sustained a loss of Rs.19,376/-. A complaint was filed by the Assistant Engineer before the Police on which crime No.624/2012 was registered by the Police. It is the case of the petitioner that thereafter the bill for the above referred amount was cancelled by the Deputy Chief Engineer in an appellate proceeding and further the case is that when the allegation of loss of Rs.19.376/- goes,

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a complaint will not lie.

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Crl.M.C.No.5121/2013 2

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I heard the learned Public Prosecutor. The learned Public

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Prosecutor submitted before me that it is the Electricity Board which has to decide the fate of the case. On a perusal of the proceeding of

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this court, it is seen that Assistant Engineer of the KSEB, Chelakara section is also seen impleaded as additional respondent No.2 by order dated 14/02/2014. Additional respondent No.2 is represented by Adv.Sri.P.Ahammed.

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The learned counsel appearing for the KSEB submitted that there is no objection in quashing the case as the appellate authority has

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already quashed the bill demanding the above referred amount.

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Thus, recording the submission that there is no objection by the defacto complainant in quashing all the proceeding in C.C.No.68/2013, all the proceedings in C.C.No.68/2013 on the files of the Judicial First Class Magistrate, Wadakkanchery is hereby quashed.

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K.P.JYOTHINDRANATH JUDGE

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sv.

Gopi v. State of Kerala

Case brief

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What did the court decide?

Gopi v. State of Kerala

Case brief

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