Rajesh vs State Of Kerala
2022 Latest Caselaw 6259 Ker

               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. 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

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