Kerala High Court
Venugopal vs State Of Kerala on 23 January, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941
Crl.MC.No.2207 OF 2019(E)
TO QUASH CHARGE SHEET IN CRIME NO.199/2017 OF CHERANELLOOR POLICE
STATION IN C.C NO.1139/2017 ON THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT IX, ERNAKULAM
PETITIONER/ACCUSED:
VENUGOPAL,
AGED 43 YEARS,
S/O.K.APPUMENON,
KALARIKKAL ENGINEERING WORKS,
C.K.CHANDRAPPAN ROAD, VISHNUPURAM,
CHERANELLOOR.
BY ADVS.
SRI.P.S.NANDANAN
SRI.P.N.ANOOP
SRI.K.C.SALMAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2 ASSISTANT ENGINEER,
KERALA WATER AUTHORITY, KALOOR DIVISION,
ERNAKULAM, PIN-682017.
R2 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
OTHER PRESENT:
SRI.C.S.HRITHWIK - SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2207 OF 2019(E)
2
ORDER
Dated this the 23rd day of January, 2020 The petitioner is the sole accused in Crime No. 199/2017 of Cheranelloor Police Station for having allegedly committed offences punishable under Section 3(2) of the PDPP Act and under Section 46 (b) & (c) read with Section 60 of the Kerala Water Supply and Sewage Act, 1986. After completion of the investigation, the final report was filed and taken on file of the Judicial First Class Magistrate Court IX, Ernakulam, as C.C No.1139/2017. The petitioner contends that the offence has been compounded and a sum of Rs.62,800/-(Rupees Sixty two thousand eight hundred only) remitted by the petitioner vide Annexure-A3.
2. The petitioner states that in view of the compounding of the offence nothing survives and it was not proper on the part of the Magistrate to have taken cognizances of the offence.
3. Heard both sides. The compounding of the offence by paying the compounding fee is only for the unauthorised Crl.MC.No.2207 OF 2019(E) 3 using of water. Nevertheless, offence under Section 32 of the PDPP Act continuous because there is a specific allegation that the pipe was damaged for the extraction of water. I do not find anything wrong in the Magistrate taking cognizance of the offence in consequence to the filing of the final report. The prayer of the petitioner is not sustainable and is only liable to be dismissed.
4. However, considering the facts and circumstances of this case the Judicial First Class Magistrate Court IX, Ernakulam, is directed to expedite disposal of C.C. No.1139/2017 on the file of that court.
With these observations, the Crl.M.C is disposed.
Sd/-
ASHOK MENON JUDGE NR/24/1/2020 Crl.MC.No.2207 OF 2019(E) 4 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.199/2017 REGISTERED BY THE CHERANELLUR POLICE.
ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET FILED BY THE CHERANELLUR POLICE IN CRIME NO.199/2017 ANNEXURE A3 TRUE COPY OF THE NOTICE DATED 16.3.2017 ISSUED BY THE 2ND RESPONDENT ANNEXURE A4 TRUE COPY OF THE RECEIPT ISSUED BY THE WATER AUTHORITY RESPONDENTS' EXHIBITS: NIL // TRUE COPY// PA TO JUDGE