Abu Thahir @ Abu vs State Of Kerala
2021 Latest Caselaw 16052 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                       CRL.MC NO. 1269 OF 2021


        CRIME NO.12/2021 OF POLICE MARANALLOOR POLICE STATION,
                           THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.6:

            ABU THAHIR @ ABU
            AGED 27 YEARS
            S/O. HAKIM, NALLANKUKKAL HOUSE, KANDALA, MARANALLOOR
            DESOM, MARANALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT

            BY ADV V.VENUGOPALAN NAIR



RESPONDENTS/COMPLAINANT & STATE:

    1       STATE OF KERALA
            THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM-682 031

    2       THE SUB INSPECTOR OF POLICE,
            MANRANLLOOR POLICE STATION, THIRUVANANTHAPURAM
            DISTRICT-695 001

           BY ADV.SRI.E.C.BINEESH,PUBLIC PROSECUTOR




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.08.2021 ALONG WITH CRL.M.C.NO. 1817 OF 2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                       CRL.MC NO. 1817 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CMP 47/2021 OF JUDICIAL MAGISTRATE
            OF FIRST CLASS, KATTAKADA, THIRUVANANTHAPURAM


        CRIME NO.12/2021 OF POLICE MARANALLOOR POLICE STATION,
                           THIRUVANANTHAPURAM


PETITIONER/ACCUSED NO.6:

            ABU THAHIR @ ABU
            AGED 27 YEARS
            S/O. HAKIM, NALLANKUKKAL HOUSE, KANDALA, MARANALLOOR
            DESOM, MARANALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT

            BY ADV V.VENUGOPALAN NAIR



RESPONDENTS/COMPLAINANT & STATE:

    1       STATE OF KERALA
            THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM-682 031

    2       THE SUB INSPECTOR OF POLICE,
            MANRANLLOOR POLICE STATION, THIRUVANANTHAPURAM
            DISTRICT-695 001


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.08.2021 ALONG WITH CRL.M.C.NO.1269/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 1269 OF 2021 &
CRL.M.C 1817 OF 2021
                                   3




                              ORDER

The crime was registered alleging

offence under Section 15(C) and 63 of the

Kerala Abkari Act, in connection with

consumption of alcohol (Indian Made Foreign

Liquor) by the accused persons in an open

paddy field. Admittedly, it is not a public

place. The vehicle belonged to one of the

accused was also seized from his house, that

too, without any valid reason (for the

reason best known to the Officer who seized

the vehicle). Neither Section 15(C) nor

Section 63 will stand attracted. Hence, the

entire crime and its subsequent proceedings

are hereby quashed, being an abuse of

process of the court. The vehicle seized

shall be released to the party forthwith and

there will be a direction to the concerned CRL.MC NO. 1269 OF 2021 & CRL.M.C 1817 OF 2021

Magistrate to that effect.

Crl.M.Cs are allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE

SPV CRL.MC NO. 1269 OF 2021 & CRL.M.C 1817 OF 2021

APPENDIX OF CRL.MC 1269/2021

PETITIONER'S ANNEXURE

ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.12/2021 OF MARANELLOOR POLICE STATION DATED 2.1.2021.

ANNEXURE A2 CERTIFIED COPY OF THE MAHAZAR DATED 2.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION.

ANNEXURE A3 CERTIFIED COPY OF THE MAHAZAR DATED 3.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION.

ANNEXURE A4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 14.1.21 BEFORE THE CITY POLICE COMMISSIONER (RURAL), THIRUVANANTHAPURAM.

ANNEXURE A5 COMMUNICATION DTD.12.3.2021 ISSUED BY THE MARANALLOOR VILLAGE OFFICER UNDER THE RI ACT.

ANNEXURE A6 A TRUE COPY OF THE COMMUNICATION BEARING NO.2/RTI/DYSP/KTDA/2021 DATED 24.04.2021 ISSUED BY THE DYSP, KATTAKADA SUB DIVISION, THIRUVANANTHAPURAM RURAL (APPEALLTE AUTHORITY UNDER THE RI ACT) .

ANNEXURE A7 A TRUE COPY OF THE COMMUNICATION BEARING NO.12/PTN/C-BRANCH/2021/T ISSUED BY THE DYSP C-BRANCH, THIRUVANANTHAPURAM RURAL, DATED 06.07.2021.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE CRL.MC NO. 1269 OF 2021 & CRL.M.C 1817 OF 2021

APPENDIX OF CRL.MC 1817/2021

PETITIONER'S ANNEXURE

ANNEXURE-A1 TRUE COPY OF THE FIR IN CRIME NO 12/2021 OF MARANELLOOR POLICE STATION DTD 2.1.2021

ANNEXURE-A2 TRUE COPY OF THE MAHAZR DTD 2.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION

ANNEXURE-A3 TRUE COPY OF THE MAHAZR DTD 3.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION

ANNEXURE-A4 CERTIFIED COPY OF THE ORDER IN CMP 47/2021 DTD 8.2.21 OF JFMC , KATTAKKADA

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE