Disposed

Rasheed v. Station House Officer

Kerala HC17 Jun 2014Crl.MC/1854/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition seeking quashal under Section 482 CrPC alleging lack of chemical analysis for seized liquor, the Kerala High Court dismissed it because the trial was already posted for evidence, directing the Sessions Judge to expedite the trial within three months.

What did the court decide?

Petition dismissed; no quashal granted; trial to be expedited within three months.

Rasheed Vs Station House Officer — Cheque Dishonour | Kerala HC (2014)

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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 K.RAMAKRISHNAN

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TUESDAY, THE 17TH DAY OF JUNE 2014/27TH JYAISHTA, 1936

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Crl.MC.No. 1854 of 2014

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SC NO. 91/2012 OF ASSISTANT SESSIONS COURT, KASARAGOD CRIME NO. 179/1998 OF KUMBLA POLICE STATION , KASARAGOD

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PETITIONER/ACCUSED:

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RASHEED, AGED 39 YEARS, S/O.BAVA, BANDHAMKULAM, AARIKKADI, KASARAGOD DISTRICT.

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BY ADVS.SRI.M.SASINDRAN SRI.SATHEESAN ALAKKADAN

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RESPONDENTS/COMPLAINANT/STATE:

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1. THE STATION HOUSE OFFICER, (CRIME NO.179/1998 OF KUMBALA POLICE STATION) KASARAGOD DISTRICT-671 121.

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2. STATE OF KERALA,

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REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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R1 & R2 BY PUBLIC PROSECUTOR SMT.S.HYMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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Crl.MC.No. 1854 of 2014

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE-AI:A CERTIFIED COPY OF THE FIR IN CRIME NO.179/1998 DATED 9.9.1998 OF KUMBLA POLICE STATION.

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ANNEXURE-AII:A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.179/1998 OF KUMBLA POLICE STATION.

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RESPONDENT(S)' ANNEXURES:

N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

K. Ramakrishnan, J.

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============================== Crl.M.C.No.1854 of 2014

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============================== Dated this, the 17^th day of June, 2014.

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O R D E R

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This is an application filed by the petitioner to quash the proceedings in S.C.No.91/2012 on the file of the Assistant Sessions Court, Kasargod under Section 482 of Code of Criminal Procedure.

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It is alleged in the petition that petitioner is arrayed as an accused in Crime No.179/1998 of Kumbala Police Station alleging offences under Section 55(a) of Abkari Act. The allegation was that on 09.09.1998, at about 1.30 p.m, the accused was found to be in possession of 48 bottles of 180 ml each Indian made foreign liquor without any documents and thereby he had committed the offence punishable under Section 55(a) of Abkari Act. The final report was filed and it was committed to the Court of Sessions and now pending before Assistant Sessions Court, Kasargod as S.C.No.91/2012. According to the petitioner, it is come to the notice of the petitioner now that there is no chemical analysis report obtained regarding the contraband articles seized. So, according to him, that is a ground for quashing the

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Crl.M.C.No.1854 of 2014 : 2 :

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proceedings. So, the petitioner filed this application seeking the following relief:

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“To quash all further proceedings against the petitioner pursuant to Annexure AII final report.”

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Considering the fact that the crime is of the year 1998, this court has called for a report from the concerned court regarding the present stage and the Assistant Sessions Judge sent a report stating that the case is now posted to 19.06.2014 for prosecution evidence. So, considering the fact that the case is now posted for evidence, I don't think that it is a fit case to entertain this application under Section 482 of Code of Criminal Procedure to quash the proceedings. The petitioner can raise all the contentions raised by him and also the benefit if any he wants to seek if there is no chemical analysis report obtained in respect of the contraband articles seized before the trial court. Considering the fact that the case is of the year 1998, the Assistant Sessions Judge is directed to expedite trial of the case as expeditiously as possible at any

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rate within three months from the date of receipt of this order.

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With the above direction and observation, the petition is

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Crl.M.C.No.1854 of 2014 : 3 :

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disposed of.

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Office is directed to communicate this order to the

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concerned court immediately.

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K.Ramakrishnan, Judge.

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[True copy]

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P.A to Judge

Rasheed v. Station House Officer

Case brief

What is this about?

What did the court decide?

Rasheed v. Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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