George V.V. vs the State of Kerala

George V.V. vs The State of Kerala

Type Court Judgment Court Kerala Orders Decided Nov 23, 2020

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Citation: sooperkanoon.com/1752436
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Nov 23, 2020
Case Number: Crl.MC/1219/2014

Parties & Advocates

Appellant / Petitioner

George V.V.

Respondent

The State of Kerala

Excerpt

.....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 tors.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. itwill 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 3 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

Full Judgment

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 2

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 3 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

Same Court & Year Kerala Orders · 2020 Same Parties George V.V. vs The State of Kerala Same Judge Honourable Mr. Justice P.Somarajan