The High Court of Kerala rejected a petition seeking to quash criminal proceedings for transporting liquor beyond permissible limits. The court held that the petitioner has alternative remedies at the stage of discharge and was granted no relief.
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 A.M.BABU
FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941
Crl.MC.No.967 OF 2019(A)
AGAINST THE ORDER/JUDGMENT IN CP 11/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PARAVOOR
CRIME NO.1693/2016 OF Parippally Police Station , Kollam
PETITIONER/S:
SUNIL KUMAR, AGED 42 YEARS S/O RAJAN, PANTHUVILA HOUSE, KOVOOR CHERI, CHEMURATHI VILLAGE, THIRUVANANTHAPURAM DISTRICT
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031
OTHER PRESENT:
SRI.M.S.BREEZE, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No.967 OF 2019(A)
ORDER
Petitioner is the second accused in crime no.1693/2016 of Paripally police station. Final report was filed alleging commission of an offence punishable under Sec.55(a) of the Abkari Act. The learned magistrate has taken the case on file as CP 11/2017. It is submitted that the case has been committed to the court of session and that it is numbered SC 379/2018.
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Crl.MC.No.967 OF 2019(A)
under Sec.227 of Cr.P.C. He can convince the learned sessions judge at the hearing under Sec.228 of Cr.P.C that no offence exclusively triable by a court of session is attracted. The remedy of the petitioner is to have all his contentions raised now to be raised before the learned sessions judge at the appropriate time. If any such ground is taken, I am sure that the learned sessions judge will consider it.
dismissal.
Sd/-
A.M.BABU
SKS/4.10.2019
JUDGE
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Crl.MC.No.967 OF 2019(A)
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A | PHOTOCOPY OF THE FIR IN CRIME NO 1693/2016 OF PARIPALLY POLICE STATION. |
|---|---|
| ANNEXURE B | PHOTOCOPY OF THE REMAND REPORT IN CRIME NO 1693/2016 OF PARIPALLY POLICE STATION |
| ANNEXURE C | CERTIFIED COPY OF THE LIST OF PROPERTY SENT |
| TO THE MAGISTRATE AND THE MAHAZAR PREPARED | |
| BY THE ADDITIONAL SUB INSPECTOR OF POLICE. | |
| ANNEXURE D | CERTIFIED COPY OF THE FINAL REPORT IN CRIME |
| NO 1693/2016 OF PARIPALLY POLICE STATION |
1 issue framed by the court
Whether quashing criminal proceedings under Sec.55(a) of the Abkari Act is maintainable when an offence may also be compoundable under Sec.67A.
SUNIL KUMAR
STATE OF KERALA
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
