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2014 Supreme(Ker) 620

K.RAMAKRISHNAN
Senthil Kumar – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners:R. Venketesh, Advocate.
For the Respondents: R1, N. Suresh, Public Prosecutor, R2, K.M. Sathyanatha Menon, SC, KSEB.

JUDGMENT

K. RAMAKRISHNAN, J.

1. Accused 3 and 4 in S.C. No. 89 of 2011 of Additional Sessions Court-II, Palakkad are the revision petitioners herein.

2. On the basis of a complaint given by the Assistant Executive Engineer, Electrical Sub Division, Kanjikode earlier on detection of alleged theft of electricity by the accused in a case, a crime was registered as Crime No. 37 of 2005 of Walayar police station on 19.1.2005 against the accused persons including the present revision petitioners alleging the offences punishable under Sections 135, 138 and 139 of the Indian Electricity Act and after investigation, final report was filed on 31.10.2005 and it was committed to the Sessions Court as per order in C.P. No. 89 of 2005 of Judicial First Class Magistrate Court-I, Palakkad and the case was taken on file as S.C. No. 195 of 2007 by the Sessions Court and it was made over to the Principal Assistant Sessions Court, Palakkad for disposal. Thereafter on getting notice in the proceedings, the first accused company filed Criminal M.C. No. 268 of 2008 before this Court for quashing the proceedings and this Court by order dated 11.2.2008 quashed the proceedings on the ground that police has


































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