The Kerala High Court disposed of a criminal petition by an accused regarding offences under the Kerala Rationing Order and Essential Commodities Act. The court declined to consider merits, allowing arguments before the trial court.
Petition disposed of with liberty to argue before the trial court at an appropriate stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 16TH DAY OF JANUARY 2018 / 26TH POUSHA, 1939
Crl.MC.No. 5399 of 2016
CC.NO.903/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY CRIME NO. 1301/2015 OF ANGAMALY POLICE STATION,ERNAKULAM
PETITIONER/ACCUSED:
FRANCIS,S/O.KUNJAGASTHY, KALAPPURAKKAL HOUSE,KADATHI BHAGAM, MUVATTUPUZHA MARKET KARA, VELLOORKONAM, MOOVATTUPUZHA.
BY SRI.V.V.ASOKAN,SENIOR ADVOCATE ADVS.SRI.P.RAHUL SRI.JOSE JOSEPH (CHEMPLAYIL)
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 5399 of 2016 ()
APPENDIX
PETITIONER(S)'ANNEXURES:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT FILED BY THE RESPONDENT DT. 28.6.2016. ANNEXURE B TRUE COPY OF THE FIR DT.09/7/2015. ANNEXURE C TRUE COPY OF THE TRUCK CHIT ISSUED BY FCI, ANGAMALY DT. 08.7.2015. ANNEXURE D TRUE COPY OF THE INTIMATION GIVEN BY THE AWD LICENSEE TO THE CITY RATIONING OFFICER, ERNAKULAM, ACKNOWLEDGED BY THE CITY RATIONING OFFICER DT.08.7.2015. ANNEXURE E PHOTOGRAPHS OF THE LORRY WHICH HAD BEEN PARKING IN THE PARKING AREA ON 08.7.2015 DATED NIL.
RESPONDENT'S ANNEXURES:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
B.KEMAL PASHA, J.
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Crl.M.C.No.5399 of 2016
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Dated this the 16th day of January, 2018
O R D E R
Petitioner is the accused in C.C.No.903 of 2016 of the Judicial First Class Magistrate's Court, Angamaly, based on Annexure-A Final Report in Crime No.1301 of 2015 of the Angamaly Police Station, for the offences under Section 5(a) of the Kerala Rationing Order and Sections 3 and 7 of the Essential Commodities Act, 1955.
for the petitioner are not matters, which cannot be considered by this Court at this stage. At the same time, it is open to the petitioner to take up all these contentions before the trial court at appropriate stage.
With liberty to the petitioner to take up all these
Crl.M.C.No.5399 of 2016
2
contentions before the court below at appropriate stage, this
Crl.M.C. is disposed of.
B.KEMAL PASHA JUDGE
DSV/17/1/18
2 provisions across 2 enactments
Francis
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
