Dismissed

Jayakumar v. Excise Range Inspector

Kerala HC18 Oct 2012Crl.MC/3227/2012

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a petition seeking to quash an occurrence report filed against the appellant, who was the first accused in pending abkari offence proceedings. The court held that challenges to the report must be raised at the appropriate stage after indictment. Counsel also sought a bail direction.

What did the court decide?

Awaited a direction for the magistrate to consider the bail application on the date of surrender.

Jayakumar Vs Excise Range Inspector — Kerala HC (2012) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN

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THURSDAY, THE 18TH DAY OF OCTOBER 2012/26TH ASWINA 1934

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Crl.MC.No. 3227 of 2012 (C)

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PETITIONER/ 1ST ACCUSED: -

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JAYAKUMAR V, S/O VISWANATHAN, SREE SIVAM, THUMBODU, MADAVOOR, PALLICKAL PO, THIRUVANANTHAURAM.

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BY ADV. SRI.K.PRAVEEN KUMAR

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RESPONDENTS/COMPLAINANT/STATE:-

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1. EXCISE RANGE INSPECTOR, KILIMANOOR EXCISE RANGE-695 601.

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2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. R. RANJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3227 of 2012 (C)

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APPENDIX

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PETITIONER'S ANNEXURES :

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ANNEXURE I : TRUE COPY OF THE CRIME REPORT.

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ANNEXURE II : TRUE COPY OF THE CLINICAL EXAMINATION HISTORY OF THE PETITIONER.

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RESPONDENTS' ANNEXURES : NIL.

// TRUE COPY //

P.A. TO JUDGE

DMR/-

S.S.SATHEESACHANDRAN,J.

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Crl.M.C. NO. 3227 of 2012

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Dated this the 18^th day of October, 2012

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ORDER

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Petitioner is the first accused in a crime registered

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for abkari offences which is now pending investigation. He has filed the above petition to quash Annexure-I crime and occurrence report registered in the aforesaid crime against him and another for the offence under Section 55(i) of the Abkari Act. Learned counsel for petitioner submits that another crime registered against him on false allegations after trial had ended in his acquittal. Present case is also registered on false allegations, is the submission of the counsel. Now the crime is at the stage of investigation. Whatever challenges available to the petitioner can be raised by him at the appropriate stage, including any challenge against the report if after investigation he is indicted of any offence. At this stage exercise of the inherent powers of this court to quash the proceedings against him emanating from

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Crl.M.C. NO. 3227 of 2012

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Annexure-I crime and occurrence report, which prima facie is supported by seizure report prepared by the excise officials cannot be entertained. Learned counsel at this stage seeks for a direction to the magistrate to consider his bail application on the date of his surrender. In case, any bail application is moved by the petitioner, learned magistrate shall consider such application expeditiously.

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Petition is dismissed.

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S.S.SATHEESACHANDRAN JUDGE.

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DMR /-

Jayakumar v. Excise Range Inspector

Case brief

What is this about?

What did the court decide?

Jayakumar v. Excise Range Inspector

Case brief

What is this about?

What did the court decide?

What the court decided

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