AJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These two cases filed under Sec. 482Cr.P.C. come up for consideration before us consequent on a reference made by a learned Judge of this Court (Justice Thomas P. Joseph). The learned Judge was prima facie of the view that the decision reported in Chacko v. Mohandas, 2010 3 KerLT 122 and the two unreported decisions in Radhakrishnan v. State of Kerala (Crl.M.C. No. 4824 of 2010) and Premkumar v. State of Kerala (Crl.M.C. No. 4361 of 2010) require re-consideration by a larger Bench in view of the fact that the amendment made under Sec. 151of the Electricity Act, 2003 (hereinafter referred to as "the Act") by introducing two provisos thereto and inserting Sections 151Aand 151 Bwith effect from 15-6-2007 being amendment of the procedural law and, therefore, retrospective in its application, cognizance taken by Magistrate on police reports filed prior to 15-6-2007 would be valid. Chacko's case was decided by one of us while sitting single and the two unreported decisions were rendered by Justice M. Sasidharan Nambiar.

(2.) In Crl.M.C. No. 70 of 2011 on 5-1-2005 the Walayar police had booked a case against the petitioner therein for offences punishable under Sections 135, 138and 139of the Act by registering Crime No. 6 of 2006 and subsequently on 26-11-2005 the police filed a final report before the Judicial Magistrate of the First Class-I, Palakkad and on the same day the learned Magistrate took cognizance of the offences and took the case on file as CR No. 93 of 2005. The case was thereafter committed to the Special Court namely, Addl. Assistant Sessions Court, Palakkad where it was registered as S.C. 261 of 2007 and pending before that Court.

(3.) In Crl.M.C. 79 of 2011 the Kalady Police had registered Crime No. 331 of 2006 against the petitioner therein for an offence punishable under Sec. 135of the Act on 21-6-2005. Subsequently, a final report was filed on 19-09-2006. On 25-09-2006 the Judicial Magistrate of the First Class, Perumbavoor took cognizance of the offence and took the case on file as C.C. No. 12 of 2006. The case was, thereafter, committed to the Addl. Sessions Court, North Paravur (the Special Court) on 21-4-2007 where it was registered as C.C. No. 3 of 2009. The case is pending before the Special Court.