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2024 Supreme(Online)(KER) 15744
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
DR.SAJAN JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 7830/2015
ADV SRI.MANSOOR.B.H., ADV.SRI.SANGEETHARAJ.N.R, SR.PP, ADV. SRI.A.ARUNKUMAR, SC(KSEB)
Insufficient evidence and lack of direct involvement absolve the petitioner from criminal liability under the Indian Electricity Act.
Headnote:
Electricity - Criminal Proceedings - [Indian Electricity Act, Sections 138, 150] - The court found insufficient evidence to sustain charges against the petitioner for unauthorized electricity usage, emphasizing the lack of direct involvement and knowledge of the alleged malpractice, leading to the quashing of the prosecution.
Fact of the Case:
The petitioner, president of a medical association, faced charges under the Indian Electricity Act for allegedly instigating the dismantling of an energy meter during an inspection, leading to unauthorized electricity usage.
Finding of the Court:
The court determined that the prosecution failed to provide adequate evidence linking the petitioner to the alleged offense, noting that the other accused were not part of the proceedings and that the petitioner had no knowledge of the actions taken by the electrical contractor.
Issues: Whether the petitioner can be held criminally liable for the alleged unauthorized usage of electricity under the Indian Electricity Act.
Ratio Decidendi: The court concluded that mere allegations without substantial evidence do not warrant criminal prosecution, especially when the accused has no direct involvement or knowledge of the alleged offense.
Final Decision: The prosecution against the petitioner is quashed.
This Criminal Miscellaneous Case is filed to quash the proceedings against the petitioners in CC.No.1/15 pending before the First Additional Sessions Court, Thodupuzha. The above case is charge-sheeted by the Karikunnam Police Station alleging the offence punishable under Sections 138 and 150 of the Indian Electricity Act .
2. The petitioner herein is the president of the Indian Medical Association Society, Thodupuzha. He had availed an electric connection for the construction of a Villa project by name I.M.A. Village.
3. The crux of the allegation is that on 16.12.2014, the K.S.E.B Officials conducted an inspection on the premises of Villa project and it was found that the energy meter installed was dismantled and the same was directly charged to the transformer. The specific allegation against the petitioner is that the meter was dismantled with the knowledge and instigation of the petitioner.
The petitioner is arrayed as the 1st accused and 2nd and 3rd accused are the electrical contractor and her workers.
The crime was registered based on a complaint preferred by the defacto complainant to the police on 22.01.2015.
After investigation, Annexure-A final report was filed.
4. According to the petitioner, even if the entire allegations are accepted in toto, no offence is made out against the petitioner and hence, the prosecution against the petitioner is to be quashed.
5. Heard the learned counsel appearing for the petitioner, the learned Public Prosecutor and the learned Standing Counsel appearing for the Kerala State Electricity Board Limited (KSEB).
6. The counsel appearing for the petitioner submitted that the petitioner is innocent on the allegations leveled against him and he has not committed any act warranting criminal prosecution under the provisions of the Indian Electricity Act . It is submitted that an electric connection was taken for the purpose of Villa Project in the year 2011 and periodical inspections were conducted by the KSEB officials in the construction site and no irregularities were noticed till the detention of the present crime.
7.It is also submitted that the inspection which lead to the registration of the crime was conducted on
16.12.2014, whereas the inauguration of the I.M.A. Village was scheduled on 21.12.2014. It is submitted by the petitioner that as part of the cleaning works, the workers engaged by the electrical contractor demolished the temporary shed in which the energy meter was installed and the supply to the premises was connected to the transformer. Accordingly to the petitioner, he was unaware of these and he has nothing to do with the alleged demolition.
8.But this Court cannot accept the above contentions mainly for the reason that other accused were not made as parties in this Criminal Miscellaneous Case. The petitioner cannot escape by blaming the other accused, especially when they are not parties in this proceedings.
9. The counsel for the petitioner submitted that the Executive Engineer, Electrical Division, Thodupuzha conducted an enquiry into the allegation of unauthorized usage of electricity and forwarded a report to the Deputy Chief Engineer, Electrical Circle, Thodupuzha as evident from Annexure-B and in the report, the Executive Engineer observed that the petitioner has no intention for theft of the electrical energy.
10.The learned standing counsel appearing for the Kerala State Electricity Board Limited (KSEB) made available the site mahazer prepared by the Officials of the KSEB at the request of the court. This Court perused the site mahzer. In the site mahazer itself, it is stated that the officers enquired with the petitioner. The petitioner replied that the work was conducted by the wiring contractor and he was not aware about the alleged malpractice. That itself would show that the petitioner at the first instance, reported to the officials that he has no knowledge about the unauthorized usage of electricity.
11.Moreover, this Court also perused the statement submitted
