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2010 Supreme(Ker) 389

V.RAMKUMAR
Prabhakara Panicker – Appellant
Versus
The State Of Kerala – Respondent


Advocates Appeared:For the Petitioners:Sanjeev Bhaskar, Advocate. For the Respondents:C. S. Hrithik Public Prosecutor, Roy Chacko, Advocate.

Judgment :

1. In this petition filed under Sec. 482 Cr.P.C. the petitioners seek to quash Annexure G F.I.R. and all subsequent proceedings including C.C. No. 244 of 2008 pending before the J.F.C.M. I, Vaikom.

THE PROSECUTION CASE

2. The case of the prosecution can be summarised as follows:-

A private cable operator by name "Karikode Cable Vision" had set up its installation at Kudavechoor without obtaining sanction from the Electrical Inspectorate of the K.S.E.B. which alone had the authority to permit the laying of cable lines through electric posts after considering the safety aspect behind the same. The said cable operator had given a cable connection to the de facto complainant M.A. Rajeev (3rd respondent herein). Due to the irresponsible and negligent manner in which the connection was given, the complainant's wife (Smitha) sustained an electric shock from the cable on 8-6-2005. Thereupon the complainant preferred applications under the Right to Information Act, 2005 (“the RTI Act" for short) before accused Nos. 1 and 2 (Prabhakara Panicker, Executive Engineer, Electrical Division, K.S.E. Board, Vaikom and P.J. Jose, Assistant Executive Engineer, Electrical Sub Division, K.S.E.

































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