The Court quashed the proceeding against the Environmental Engineer of KSPCB. It held that failure to exercise statutory power by an officer does not attract the alleged offences under IPC Sections 268, 269, 270 and 278 r/w Section 109.
The complaint and the cognizance taken thereof are hereby quashed. Crl.M.C. is allowed accordingly.
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
WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942
Crl.MC.No.998 OF 2012(G)
IN CC 1121/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, HOSDURG
PETITIONER/4th ACCUSED:
THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTIN CONTROL BOARD, DISTRICT OFFICE, KASARAGODE, MAM ARCADE, NEAR RAILWAY STATION, KANHANGAD P.O.,PIN-671315
BY ADVS.SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD
SRI.K.R.RAJKUMAR
RESPONDENTS/STATE & COMPLAINANT:
2 SREEJESH, PRESIDNET, AKG (NOT AN ABBREVIATION) SMARAKA ARTS AND SPORTS CLUB, AKG NAGAR, AVIKKARA, KOVVAL KANHANGAD P.O.,PN-671315
BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.998 of 2012
2
ORDER
Accused No.5, who is an officer attached with the
Kerala State Pollution Control Board came up against the cognizance taken for the offence under Sections 268, 269, 270 and 278 r/w Section 109 IPC on the
allegation that he had not taken sufficient precaution or measures to prevent public nuisance in connection with a market run by the Municipality. Failure to exercise statutory power by an officer will not attract any of the offences alleged. As such the cognizance taken by the Magistrate based on a private complaint cannot be sustained. If it is proceeded further, it will not serve any purpose. The complaint and the cognizance taken thereof are hereby quashed.
Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.998 of 2012
3
APPENDIX
PETITIONER'S ANNEXURE:
ANNEXURE I : A TRUE COPY OF THE LETTER SENT TO THE HON. JFCM HOSDURG BY THE SECOND RESPONDENT DATED 1.8.11 (CMP 6196/11)
ANNEXURE II : A TRUE COPY OF THE LETTER SENT BY THE SECOND RESPONDENT TO THE HON. JFCM, HOSDURG DATED 10.8.11 (CMP 6389/11)
ANNEXURE III : A TRUE COPY OF THE DEPOSITION OF CW1.
ANNEXURE IV : A TRUE COPY OF THE DEPOSITION OF CW2.
ANNEXURE V : A TRUE COPY OF THE DEPOSITION OF CW3. ANNEXURE VI : A TRUE COPY OF THE DEPOSITION OF CW4. ANNEXURE VII : A TRUE COPY OF THE DEPOSITION OF CW5. ANNEXURE VIII :A TRUE COPY OF THE DEPOSITION OF CW6.
ANNEXURE IX : A TRUE COPY OF THE DEPOSITION OF CW7. ANNEXURE X : A TRUE COPY OF THE DEPOSITION OF CW8. ANNEXURE XI : A TRUE COPY OF THE DEPOSITION OF CW9. ANNEXURE XII : A TRUE COPY OF THE DEPOSITION OF CW10.
ANNEXURE XIII : A TRUE COPY OF THE DEPOSITION OF CW11. ANNEXURE XIV : A TRUE COPY OF THE DEPOSITION OF CW12.
ANNEXURE XV : A TRUE COPY OF THE ORDER OF THE HON. JFCM-I,
HOSDURG IN CMP 6196/11 DATED 26.9.11.
ANNEXURE XVI : A TRUE COPY OF THE SUMMONS ISSUED TO THE
PETITIONER.
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY // P.A. TO JUDGE
2 issues framed by the court
Whether failure to exercise statutory power by a state officer attracts offences under Sections 268, 269, 270 and 278 r/w Section 109 IPC.
Whether cognizance taken by a Magistrate based on a private complaint can be sustained regarding an officer's failure to exercise statutory duties.
1 provisions across 1 enactments
THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTIN CONTROL BOARD
THE STATE OF KERALA
SREEJESH
PSOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
