Tessy K.Mathews v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 Crl.MC.No. 7291 of 2015 () --------------------------- SC 193/2015 of ADDL.SESSIONS COURT- I, KOTTAYAM ---------------- PETITIONER/ACCUSED :
-------------------------------- TESSY K. MATHEWS,W/O. SRI.C.M.BOSE, CHEMPAKATHINAL HOUSE, LALAM VILLAGE MOONNANI KARA, KIZHATHADIYOOR P.O., PALA, KOTTAYAM DISTRICT.
BY ADV. SRI.ANTONY MUKKATH RESPONDENTS:- STATE & DE-FACTO COMPLAINANT : ----------------------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, POONJAR, KOTTAYAM DISTRICT - 686 581.
R1 BY PUBLIC PROSECUTOR SMT. P.MAYA R2 BY SRI.K.M.SATHYANATHA MENON,SC,KSEB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 7291 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- A1 - TRUE COPY OF LETTER DT. 15.11.2014 OF THE PETITIONER TO THE JUNIOR ENGINEER, KSEB, POONJAR.
A2 - TRUE COPY OF REPLY LETTER DT. 19.11.2014 OF THE 2ND RESPONDENT. A3 - TRUE COPY OF THE REPLY DT. 17.12.2014 OF THE PETITIONER TO THE 2ND RESPONDENT.
A4 - TRUE COPY OF REPRESENTATION DT. 20.12.2014 OF THE PETITIONER TO THE RISHIRAJ SINGH IPS.
A5 - TRUE COPY OF THE NOTICE NO. DB8/14-15/13 DT. 09.01.2015 OF THE 2ND RESPONDENT.
A6 - TRUE COPY OF THE ORDER IN IA NO. 83/2015 IN OA NO. 27/2015 DT. 21.3.2015
IN THE COURT OF THE MUNSIFF, ERATTUPETTA.
A7 - CERTIFIED COPY OF THE FIR NO. 0166/2015 OF ERATTUPETTA POLICE STATION ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT, ERATTUPETTA.
RESPONDENT(S)' EXHIBITS :
NIL.
//TRUE COPY// P.A.TO JUDGE bp
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.7291 of 2015 ````````````````````````````````````````````````````````````` Dated this the 9th day of December, 2015
O R D E R
~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioner, learned counsel for the 2nd respondent and learned Public Prosecutor.
2.
According to the petitioner, the allegations against the petitioner will not constitute an offence under Section 138(a) of the Indian Electricity Act, 2003. On going through the allegations, it seems that presently, it is too premature to consider the question. According to the learned counsel for the petitioner, there are contradictions between the earlier statement of the de facto complaint and the subsequent complaint in the matter. Those matters require evidence. When it is a matter to be proved through
Crl.M.C.7291/2015 : 2 :
evidence, the present stage is too premature to consider the said question.
With liberty to the petitioner to take up the very same contentions before the court below during trial, this Crl.M.C. is closed.
Sd/- (B.KEMAL PASHA, JUDGE) aks/09/12 // True Copy // PA to Judge