A Criminal Misc. Case alleged theft of electrical energy was dismissed. The Court held that payment of civil charges does not extinguish criminal liability and sufficient jurisdiction was available despite procedural objections.
The Criminal Misc. Case was dismissed without prejudice to the right to raise defences at proper stages.
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.SOMARAJAN
MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942
Crl.MC.No.1219 OF 2014 (C)
CC 1/2013 OF ADDITIONAL DISTRICT ANS SESSIONS COURT, THODUPUZHA
CMP 4779/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, THODUPUZHA
CRIME NO.1055/2011 OF THODUPUZHA POLICE STATION, IDUKKI
PETITIONER/SOLE ACCUSED:
GEORGE V.V., AGED 64, S/o VARKEY, CHIRAMEL HOUSE, WARD NO.22, HOUSE NO.430, THODUPUZHA MUNICPALITY, IDUKKI DISTRICT.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS/THE STATE OF KERALA AND THE PETITIONER:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031
2 GEETHA N NAIR, ELECTRICAL SECTION ASSISTANT ENGINEER, SECTION NO.II, KSEB, THODUPUZHA, IDUKKI DISTRICT - 685 603.
R1 BY PUBLIC PROSECUTOR SRI. E.C. BINEESH R2 BY ADV. SRI.SUDHEER GANESH KUMAR R., SC, KSEB R2 BY ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23.11.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1219 of 2014
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ORDER
In answer to a refer report based on the allegation of theft of electrical energy, Annexure III protest complaint submitted. The same sought to be quashed on the ground that the entire electrical energy charge which comes to Rs.7351/- was subsequently remitted. Payment of electrical energy charge, at the most, would discharge the civil liability to pay the amount either in part or in whole. It will not take away the criminal liability.
It is further submitted that the property stands in the name of the son of the petitioner/accused. Hence there is no compliance of requirement under Section 151 of the Electricity Act. Availability of a valid defence may not be sufficient to exhaust the jurisdiction under Section 482 Cr.P.C. Without prejudice to the right of raising all
defences at proper stages, including a discharge petition, the present Crl.M.C. is hereby dismissed.
Sd/-
P.SOMARAJAN
DMR/-
JUDGE
Crl.M.C.No.1219 of 2014
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APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE-I A TRUE COPY OF THE FIR IN CRIME NO.1055/2011 OF THE THODUPUZHA POLICE STATION DATED 23/7/2011. ANNEXURE-II A TRUE COPY OF THE FINAL REPORT IN ANNEXURE-1, WITH ALL OTHER INTIMATIONS ISSUED DATED 25/09/2011 AS SUBMITTED BY THE THODUPUZHA POLICE. ANNEXURE-III A TRUE COPY OF THE PROTEST COMPLAINT FILED AS CMP NO.4779/2012 BEFORE THE LEARNED MAGISTRATE, THODUPUZHA DATED 30/6/2012. ANNEXURE-IV A TRUE COPY OF THE SUMMONS SERVED ON THE PETITIONER DATED 28/10/2013 IN CC NO.1/2013 ON THE FILE OF THE 1ST ADDL.SESSIONS COURT, THODUPUZHA. ANNEXURE-V A TRUE COPY OF THE VIGILANCE ENQUIRY REPORT OF THE KSEB DATED 29/2/2012.
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether the remission of electricity charge remits the criminal liability for theft of electrical energy.
2 provisions across 2 enactments
GEORGE V.V.
THE STATE OF KERALA
GEETHA N NAIR
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
