Accused not liable for damages due to improper maintenance of public property as per statutory guidelines.

C.S.DIAS, J.

---------------------------------------------

Crl.M.C.No.8407 of 2022 ------------------------------------------------

Dated this the 28^th day of January, 2026

ORDER

The petitioner is the accused in C.C. No.2935 of

2016 on the file of the Judicial Magistrate of First Class-III, Thrissur (trial court) which has originated from Crime No.1609 of 2016 registered by the Nedupuzha Police Station, Thrissur, alleging the commission of the offences punishable under Section 118 (e) of the Kerala Police Act and Section 3 (2)(a) of the Prevention of Damages to Public Property Act , 1984.

2. The crux of the prosecution case is that, the petitioner had pushed down an electric post belonging to the Kerala State Electricity Board (‘Board’, in short) and caused a loss of Rs.31,083/- to the Board.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned Counsel for the petitioner submits that, even if the allegations in Annexure A16 final report are taken on their face value, the same would not constitute the offences alleged against the petitioner. In fact the electrical post fell down due to lack of maintenance, which is evidenced by Annexure A10 letter issued by the Deputy Electrical Inspector, which in turn was issued on the request of the Board. Therefore, it is apparent that the petitioner has not committed the offences alleged by the prosecution. The petitioner is a Government A Class Contractor. On 31.03.2015, the petitioner had entered into an agreement with the Superintending Engineer, Minor Irrigation Central Circle, for the renovation of a pond, which is situated near the electric post. While the work was in progress, the petitioner was directed to do certain additional works for the formation of two new roads on either side of the pond. When the petitioner started the work, he found that the electric post was in a damaged condition. The local people had informed him that there were numerous complaints filed before the Board to remove the post. It was on the request of the local Panchayat that the enquiry was conducted by the Electrical Inspectorate, who in turn had submitted Annexure A10 letter. The above materials substantiate that the petitioner has not committed the above offences.

5. The learned Public Prosecutor opposes the Crl.M.C. He submits that the questions raised in the Crl.M.C are matters to be considered by the trial court. If the allegations in the final report are taken on their face value, the same would constitute the offences alleged against the petitioner. Thus, this Court may not embark upon a mini trial and conclude that the post fell down due to lack of maintenance.

6. Prosecution was launched at the instance of the

3^rd respondent on the allegation that the petitioner had pushed down the electrical post belonging to the Board.

7. A reading of Annexure A10 letter undoubtedly reveals that the post was in a dangerous condition and that it fell down due to lack of maintenance. Annexure A10 has been issued by a competent authority, that too at the request of the Board. Other than for the mere assertion that the post fell down due to the negligence of the petitioner, there is no material to controvert Annexure A10 report issued by the statutory authority.

8. It is well-established that this Court has broad plenary powers under Section 482 of the Code of Criminal Procedure , which corresponds to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash criminal proceedings. However, such inherent power, though expansive in nature, is not unbridled or unlimited. They are to be exercised sparingly, with circumspection, and within the parameters delineated by judicial precedents. One of the elementary principles to quash a criminal proceeding is that, even if allegations in the first information report or the complaint are taken at their face value and accepted in their entirety, the same will not prima facie constitute any offence or make out a case agains