IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
CRL.MC NO. 2534 OF 2022
CRIME NO.54/2009 OF ADOOR EXCISE RANGE, PATHANAMTHITTA
DISRICT NOW PENDING AS LP.53/2019 IN C.P.175/2014 (REFILED
FROM C.P.NO.47/2012) BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, ADOOR.
PETITIONER/ACCUSED-A2
RAJESH,
AGED 51 YEARS,
S/O GOPINATHAN,
REKHALAYAM, MANNADI MUGHAM MURI,
KADAMPANAD VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT.
PIN - 691530
BY ADV SRI.P.V.DILEEP
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
PIN - 682031.
2 THE CIRCLE INSPECTOR OF EXCISE,
ADOOR EXCISE CIRCLE OFFICE, ADOOR P.O,
PATHANAMTHITTA DISTRICT,
PIN - 691523
BY PUBLIC PROSECUTOR SRI.RENJITH GEORGE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2534 of 2022
2
ORDER
Dated this the 3rd day of June, 2022 This petition is filed by the 2nd accused under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') seeking to quash the final report in Crime No. 54/2009 of Adoor Excise Range pending on the files of Judicial First Class Magistrate Court, Adoor (for short 'the court below'). Due to non co-operation of the accused in the proceedings of the case despite issuance of processes to compel his appearance, the case was transferred to the Long Pending Register as LP No.53/2019.
2. According to the learned counsel, trial was held as against accused Nos. 1, 3, 4 and 5. 2 nd accused has absconded and therefore the case against him was split up. Trial was held against accused Nos.1,3, 4 and 5 and accused Nos.1, 4 and 5 were acquitted. Accused No.3 alone was convicted. The petition on hand is filed seeking to quash the final report on the basis of the judgment acquitting accused Nos.1, 4 & 5. Crl.M.C.No.2534 of 2022 3
3. It is found from the final report that for and on behalf of the petitioner that spirit was transported in the vehicle. The third accused who faced trial stands convicted and punished. Therefore, petitioner is not entitled to get the relief sought. Petitioner has to face trial.
Crl.M.C. fails and is dismissed.
Sd/-
MARY JOSEPH JUDGE MJL Crl.M.C.No.2534 of 2022 4 APPENDIX OF CRL.MC 2534/2022 PETITIONER'S ANNEXURES:
ANNEXURE-1 THE TRUE COPY OF THE CHARGE SHEET IN CRIME NO. 54 / 2009 OF EXCISE RANGE, ADOOR ANNEXURE-2 THE TRUE COPY OF THE ORDER IN S.C. NO.
593/2017 CLUBBED WITH S.C. NO. 643/2018 OF ADDITIONAL SESSIONS COURT-III, PATHANAMTHITTA DATED 27.01.2020 ANNEXURE-3 THE TRUE COPY OF THE ORDER IN S.C. NO.
250 / 2015 OF ADDITIONAL SESSIONS COURT- II, PATHANAMTHITTA DATED 8.8.2018 RESPONDENTS' ANNEXURES: NIL TRUE COPY PA TO JUDGE