SHARAFUDEEN Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner is the accused in CC No. 820 of 2015 of the Judicial First Class Magistrate's Court, Karunagappally, for the offence under Sec. 379 IPC. The offence was allegedly committed on 02/03/2008. Subsequently, as per Criminal Procedure (Amendment) Act, 2008, which has come into force on 31/12/2009, the offence of theft under Sec. 379 IPC is made compoundable irrespective of the value of the subject -matter, and the owner of the property stolen has been given the power to compound the offence. Based on the amendment, the petitioner along with the de facto complainant filed an application seeking permission to compound the offence as CMP No. 6464 of 2015 before the Court below.

(2.) Through Annexure -III order, the Court below has dismissed the CMP by stating that the amendment was through Criminal Procedure (Amendment) Act, 2010 and the same was with effect from 31/12/2009. The said finding is totally erroneous.

(3.) The amendment in question was through the Code of Criminal Procedure (Amendment) Act, 2008 and the same came into force on 31/12/2009. Nowhere in the Amendment Act, it is specified that the said amendment has only prospective operation. Being an amendment to the procedural law, normally it relates back and it has retrospective operation, unless it is clearly specified that it has prospective operation only.