K.V.Sylendranath vs State Of Kerala
2023 Latest Caselaw 10995 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                      CRL.MC NO. 8732 OF 2023
AGAINST THE ORDER/JUDGMENT SC 150/2020 OF ADDITIONAL DISTRICT
                          COURT, THRISSUR
PETITIONER(S)/ACCUSED:

          K.V.SYLENDRANATH
          AGED 46 YEARS
          K.V.SYLENDRANATH,S/O LATE
          K.S.VASU,KONANCHERYHOUSE,KIZHAKKEMURI.P.O, TRISSUR,
          PIN - 680571
          BY ADV R.SUDHA

RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:

     1    STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
     2    A.GIGI PAUL.
          EXCISE INSPECTOE,CHERPU RANGE,TRISSUR,
          PIN - 680571
     3    THE VIFGILANCE OFFICER,
          OFFICE OF THE EXCISE VIGILANCE,EXCISE HEAD
          QUARTERES,NANDAVANAM,THIRUVANANTHAPURAM,
          PIN - 695033


             BY ADV.
             SRI. HRITHWIK C.S.,PP


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   26.10.2023,    THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.8732/2023

                            2




              P.V.KUNHIKRISHNAN, J.
            --------------------------------
             Crl.M.C. No.8732 of 2023
     ----------------------------------------------
     Dated this the 26th day of October, 2023


                         ORDER

This Criminal Miscellaneous Case is filed

challenging the order dismissing the application for

discharge. The petitioner has got an alternative

remedy against that order.

Granting liberty to the petitioner to avail the

alternative remedy, this Criminal Miscellaneous Case

is closed.

The Registry shall return the certified copy of

the impugned order to the petitioner.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE Crl.M.C.No.8732/2023

APPENDIX OF CRL.MC 8732/2023

PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT BEFORE THE JFCM THRISSUR II DATED 8/5/2018.

ANNEXURE 2 THE COPY OF THE ENQUIRY REPORT FILED BY THE VIGILANCE OFFICER OF EXCISE DEPARTMENT TO THE EXCISE COMMISSIONER THIRUVANANTHAPURAM DATED 30/6/2018.

ANNEXURE 3 THE COPY OF THE DISCHARGE PETITION FILED BY THE PETITIONER BEFORE THE ADDITIONAL SUB COURT DATED 2/6/2022.

ANNEXURE 4       THE COPY OF THE JUDGEMENT PASSED BY
                 THIS      HONORABLE      COURT     IN

CRLM.C.5729/2023 DATED 24/7/2023 ANNEXURE 5 THE COPY OF THE ORDER PASSED BY THE ASSISTANT SESSIONS JUDGE TRISSUR IN CMP 264/22 DATED 19/8/2023

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE