Amal vs State Of Kerala
2021 Latest Caselaw 13621 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                       PRESENT
        THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
               CRL.MC NO. 1997 OF 2020
AGAINST THE ORDER/JUDGMENT IN ST 1919/2018 OF JUDICIAL
   FIRST CLASS MAGISTRATE COURT, ALATHUR, PALAKKAD
PETITIONERS/ACCUSED:

   1     AMAL,
         AGED 31 YEARS
         S/O.SAJEEV, THETTIKKOTT HOUSE, NELLIMATTAM
         DESAM, KOTHAMANGALAM, ERNAKULAM DISTRICT-
         686693.
   2     SANEESH,
         AGED 35 YEARS
         S/O.SREEDHARAN, THEEPPUZHAKUNNU HOUSE,
         MOONNUKADAVU DESAM, KOTHAMANGALAM,
         ERNAKULAM DISTRICT-686693.
   3     ELDHO K.THOMAS,
         AGED 64 YEARS
         S/O.THOMAS, KAVUNGUMPILLIL, CHELAD P.O.,
         KOTHAMANGALAM, ERNAKULAM DISTRICT-686 692.
   4     C.A.VELAYUDHAN,
         AGED 69 YEARS
         S/O.AYYAPPAN, CHELAMOOTTIL HOUSE,
         THRIKKARIYOOR DESOM, THRIKKARIYOOR VILLAGE,
         KOTHAMANGALAM, ERNAKULAM DISTRICT-686 692.
   5     VARGHESE,
         AGED 66 YEARS
         S/O.JOSEPH, KUNNATHU HOUSE, CHELAD,
         PINDIMANA VILLAGE, KOTHAMANGALAM TALUK,
         ERNAKULAM DISTRICT-686 692.
   6     CHAMDRABOSE,
         AGED 59 YEARS
         S/O.BHASKARAN NAIR, MOOTHANGASSERRY HOUSE,
         THRIKKARIYOOR, KOTHAMANGALAM,
         ERNAKULAM DISTRICT-686692.
   7     USHA SASI,
         AGED 59 YEARS
         W/O.SASI, KOOVAPPADAM, IMURY, VENGOOR WEST,
         KUNNATHUNADU TALUK,
         ERNAKULAM DISTRICT-686691.
   8     K.P.BIJU,
         AGED 41 YEARS
         S/O.PAULOSE, KIZHAKKEKKARA HOUSE, KUTHUKUZHI,
         KOTHAMANGALAM, ERNAKULAM DISTRICT-686691.
 CRL.MC NO. 1997 OF 2020
                                      2


            9      P.V.NARAYANAN,
                   AGED 55 YEARS
                   S/O.VELAYUDHANAN, PULINTHANATHU,
                   THRIKKALATHOOR DESOM, MULAVOOR,
                   ALATHUR, ERNAKULAM DISTRICT-686 673.
                   BY ADVS.
                   ALEXANDER JOSEPH
                   SMT.AKHILASREE BHASKARAN


      RESPONDENTS/STATE:

            1      STATE OF KERALA
                   REPRESENTED BY THE PUBLIC PROSECUTOR,
                   HIGH COURT OF KERALA, ERNAKULAM,
                   PIN-682 031.
            2      EXCISE INSPECTOR,
                   EXCISE RANGE OFFICE,
                   ALATHUR, PALAKKAD DISTRICT-678 541.
      THIS      CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR
      ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY
      DELIVERED THE FOLLOWING:
 CRL.MC NO. 1997 OF 2020
                                                  3



                                          ORDER

Heard the learned counsel for the

petitioners and the learned public prosecutor.

2. This is an application filed under

Section 482 of Cr.P.C., for quashing the FIR

and final report submitted alleging commission

of Abkari offence.

3. It was submitted by the learned

counsel that under Annexure-A3 order a finding

was rendered that no measurement was taken

as far as the toddy alleged to have been

transported from Chittur. It was, inter alia,

contended that several other reasons are there

in favour of the petitioners. This Court under

Section 482 of Cr.P.C., cannot sit in appeal or

revision and cannot even usurp the powers of

the trial court. When there is remedy available

to the parties, it is not at all fit and proper to CRL.MC NO. 1997 OF 2020

exhaust the remedy under Section 482 of

Cr.P.C. Without prejudice to the right of the

parties to agitate all these issues at the proper

stage of the proceedings, this Crl.M.C., is

hereby dismissed.

4. It is made clear that the trial court

shall not insist personal appearance of the

parties till framing of the charge and the

hearing thereof.

Sd/-

P. SOMARAJAN, JUDGE AMV/01/07/2021 CRL.MC NO. 1997 OF 2020

APPENDIX OF CRL.MC 1997/2020

PETITIONER ANNEXURE ANNEXURE A1 TRUE COPY OF THE CRIME AND OFFENCE REPORT NO.51/2016 DATED 27.04.2016 OF THE EXCISE RANGE OFFICE, ALATHUR. ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 12.08.2016 IN W.A.NO.1527/2016 OF THIS HONOURABLE COURT.

ANNEXURE A3 TRUE COPY OF THE ORDER NO.54/APL/2016 DATED 16.08.2016N OF THE ADDITIONAL EXCISE COMMISSIONER, THIRUVANANTHAPURAM.

ANNEXURE A4 TRUE COPY OF THE JUDGMENT DATED 16.12.2016 IN W.P.(C)NO.39533/2016 OF THIS HON'BLE COURT.

ANNEXURE A5 TRUE CERTIFIED COPY OF THE FINAL REPORT DATED 30.04.2017 IN CRIME NO.51/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR.

RESPONDENTS ANNEXURES : NIL

TRUE COPY P.A.TO JUDGE