Dismissed

B.Suresh v. State of Kerala

Kerala HC9 Mar 2021Crl.MC/3144/2017

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed criminal miscellaneous cases and a writ petition challenging the refusal to quash criminal proceedings initiated against excise officials accused of theft and illegal possession. The court held that prima facie evidence insufficiently warranted quashing the FIRs as counterblast.

What did the court decide?

The prayers in the criminal miscellaneous cases and writ petition to quash proceedings or set aside the non-registration order were rejected.

B.Suresh Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2021)

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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 P.SOMARAJAN

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TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

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Crl.MC.No.3144 OF 2017(C)

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CRIME NO.1210/2017 OF CHAVARA POLICE STATION, KOLLAM

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PETITIONER:

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B.SURESH, AGED 50 YEARS, S/o BALACHANDRAN NAIR, SURESH BHAVAN, NEDUNGOLAM P.O., SOUTH PRAVUR, KOLLAM DISTRICT, NOW WORKING AS EXCISE CIRCLE INSPECTOR, ARYANKAVU, KOLLAM DISTRICT.

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BY ADV. SRI.V.VENUGOPALAN NAIR

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM.

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2 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.

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3 THE CITY POLICE COMMISSIONER, KOLLAM

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4 THE ASSISTANT COMMISSIONER OF POLICE, CRIME BRANCH, KOLLAM.

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5 VINU VIJAYAN, VIJAYA VIHAR, VATTATHARA MURRY, CHAVARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.

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6 THE S.I OF POLICE, CHAVARA, KOLLAM DISTRICT.

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R5 BY ADVS. SRI.R.MOHANA BABU

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SRI.M.AJITH (KARICODE)

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R1-R4 & R6 BY PUBLIC PROSECUTOR SRI.RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH Crl.MC.4089/2017(A), WP(C).13962/2017(U), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017

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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 P.SOMARAJAN

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TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

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Crl.MC.No.4089 OF 2017 (A)

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CRIME NO.1210/2017 OF CHAVARA POLICE STATION, KOLLAM

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PETITIONERS:

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1 M.MAHESH, AGED 35, S/o MANIKANTAN, PRESENTLY WORKING AS EXCISE INSPECTOR MAVELIKKARA RANGE AND RESIDING AT 'SOUPARNIKA', LEKSHMI NAGRA, 121-B, THEKKEVILA PO, KOLLAM-16.

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2 MANOJLAL, AGED 38, S/o MANIKANTAN, PRESENTLY WORKING AS CIVIL EXCISE OFFICER, EZHUKONE EXCISE RANGE AND RESIDING AT MANJU NIVAS, SAKTHIKULANGARA PO., KOLLAM.

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3 ARUN ANTONY, AGED 36, S/o ANTONY, PRESENTLY WORKING AS CIVIL EXCISE OFFICER, KOLLAM EXCISE RANGE AND RESIDING AT BENGLAWIL

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VEEDU, MANGADU PO, KOLLAM.

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BY ADV. SRI.V.VENUGOPALAN NAIR

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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2 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM -695001.

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3 THE CITY POLICE COMMISSIONER, KOLLAM -689001.

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4 THE ASSISTANT COMMISSIONER OF POLICE, CRIME BRANCH, KOLLAM -689001.

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5 VINU VIJAYAN, VIJAYA VIHAR, VATTATHARA MURRY, CHAVARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT – 689 001.

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Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017

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6 THE S.I OF POLICE, CHAVARA, KOLLAM DISTRICT -689001.

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R5 BY ADVS. SRI.R.MOHANA BABU SRI.M.AJITH (KARICODE) R1-R4 & R6 BY PUBLIC PROSECUTOR SRI. E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH Crl.MC.3144/2017(C), WP(C).13962/2017(U), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017

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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 P.SOMARAJAN

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TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

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WP(C).No.13962 OF 2017

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PETITIONER :

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B.SURESH, AGED 50 YEARS, S/o BALACHANDRAN NAIR, SURESH BHAVAN, NEDUNGOLAM P.O., SOUTH PARAVUR, KOLLAM DISTRICT, NOW WORKING AS EXCISE CIRCLE ISPECTOR, ARYANKAVU, KOLLAM DISTRICT.

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BY ADV. SRI.V.VENUGOPALAN NAIR

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RESPONDENTS:

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1 STATE OF KERALA,

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REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM, PIN -695001

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2 THE DIRECTOR GNERAL OF POLICE

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POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695001

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3 THE CITY POLICE COMMISSIONER, KOLLAM, PIN -689001

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4 THE ASSISTANT COMMISSIONER OF POLICE, CRIME BRANCH, KOLLAM.

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BY PUBLIC PROSECUTOR SRI. RAMESH CHAND

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH Crl.MC.3144/2017(C), Crl.MC.4089/2017(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017

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ORDER

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The alleged act of theft and malpractice done by

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excise officials, the Circle Inspector of Police attached to the Excise Department and other officials by committing trespass into the house of the defacto complainant and theft of her gold ornaments kept in the house was brought to the notice of one of the superior police officers in writing, who, in turn, forwarded the

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same to the Station House Officer concerned. But instead of registering an FIR, he conducted a quick enquiry and submitted Annexure A3 report to his superior officer rejecting the allegations, against which she again approached the superior officer. Thereon, it was entrusted with the Assistant Commissioner of Police, who, in turn, registered a crime, against which, accused Nos.1 to 4 came up.

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A crime was registered against her husband for keeping illicit diesel in a Sintex tank attached to his workshop and also another crime by which a Santro car and 32 litres of illicit liquor were seized, based on

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Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017

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which, it is contended that the crime registered

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against them is only a counter blast, having no truth or bonafides.

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submitted that they have produced a CD before the

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Assistant Commissioner of Police containing the

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telephone conversion between the defacto complainant

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and the accused persons, in which they made an offer to

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return the gold ornaments taken away from her house.

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Commissioner of Police, if found to be genuine, would

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prima facie satisfy the allegation levelled against.

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Hence, it is not fit and proper to exercise the

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inherent jurisdiction under Section 482 Cr.P.C. to quash the proceedings. The prayer in the writ petition to set aside the order issued by the superior officer for conducting investigation hence fails.

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The Crl.M.Cs. and the writ petition are dismissed.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017

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APPENDIX OF Crl.MC 3144/2017

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PETITIONER'S ANNEXURES:

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ANNEXURE A1 A TRUE COPY OF THE COMPLAINT LODGED BY SMT. SARANYA, AGED 26, VIJAYA VIHAR, VATTATHARA MURRY, CHAVARA VILLAGE, KOLLAM DISTRICT BEFORE THE EXCISE DEPUTY COMMISSIONER, KOLLAM, DATED 30-10-13

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ANNEXURE A2 A TRUE COPY OF THE REPORT DATED 18-1-14 SUBMITTED BY THE INSPECTOR OF POLICE CHAVARA TO THE ASSISTANT COMMISSIONER OF POLICE KARAUNAGAPPALLY.

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ANNEXURE A3 A TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT SUBMITTED BY THE ASSISTANT EXCISE COMMISSIONER, KOLLAM BEFORE THE CONCERNED JFMC, ON FURTHER INVESTIGATION IN CRIME NO.133/2013.

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ANNEXURE A4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE ACCUSED IN CRIME NO 133/2013 OF EXCISE RANGE KOLLAM DATED 28-9-2016

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ANNEXURE A5 A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 18.10.2016

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ANNEXURE A6 CERTIFIED COPY OF THE FIR IN CRIME NUMBER 1210/17 OF CHAVARA POLICE STATION

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RESPONDENTS' ANNEXURE:

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ANNEXURE R5(A) : TRUE COPY OF THE REPORT OBTAINED AS PER RTI.

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ANNEXURE R5(B) : TRUE COPY OF THE REPORT OF DISTRICT POLICE CHIEF, KOLLAM TO THE EXCISE COMMISSIONER.

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ANNEXURE R5(C) : TRUE COPY OF THE DEPOSITION GIVEN BY THE PETITIONER IN THIS Crl.M.C. IN S.C.1049/14 BEFORE ASST.SC, KOTTARAKKARA.

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ADDITIONAL CERTIFIED COPY OF THE JUDGMENT OF SC 1049/14 ANNEXURE R5(D) : OF THE HON'BLE ADDL.SESSIONS JUDGE (ABKARI CASES), KOTTARAKKARA.

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ADDITIONAL CERTIFIED COPY OF DEPOSITION GIVEN BY VIJAYAN A ANNEXURE R5(E) : EXCISE VIGILANCE OFFICER BEFORE THE HON'BLE ADDL. SESSIONS JUDGE (ABKARI CASES), KOTTARAKKARA DATED 04.11.2010.

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// TRUE COPY//

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P.A. TO JUDGE

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Crl.M.C.Nos.3144/17, 4089/17 &

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W.P.(C) No.13962/2017

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APPENDIX OF Crl.MC 4089/2017 PETITIONERS' ANNEXURES:

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ANNEXURE A1 A TRUE COPY OF THE COMPLAINT LODGED BY SMT.SARANYA, AGED 26, VIJAYA VIHAR, VATTATHARA MURRY, CHAVARA VILLAGE, KOLLAM DISTRICT BEFORE THE EXCISE DEPUTY COMMISSIONER, KOLLAM, DATED 30.10.13.

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ANNEXURE A2 A TRUE COPY OF THE REPORT DATED 18.1.14 SUBMITTED BY THE INSPECTOR OF POLICE CHAVARA TO THE ASSISTANT COMMISSIONER OF POLICE KARUNAGAPPALLY.

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ANNEXURE A3 A TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT SUBMITTED BY THE ASSISTANT EXCISE COMMISSIONER, KOLLAM BEFORE THE CONCERNED JFMC, ON FURTHER INVESTIGATION IN CRIME NO.133/2013. ANNEXURE A4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE ACCUSED IN CRIME NO.133/2013 OF EXCISE RANGE KOLLAM DATED 28.9.2016. ANNEXURE A5 A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 2.10.2017. ANNEXURE A6 COPY OF THE FIR IN CRIME NUMBER 1210/17 OF CHAVARA POLICE STATION.

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RESPONDENTS' ANNEXURE:

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ANNEXURE R5(A) : TRUE COPY OF THE REPORT OBTAINED AS PER RTI ANNEXURE R5(B) : TRUE COPY OF THE DEPOSITION BY 1^st PETITIONER M.MAHESH IN SC 1049/2014 GIVEN BEFORE THE ABKARI SPECIAL COURT, KOTTARAKKARA.

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ANNEXURE R5(C) : TRUE COPY OF THE DEPOSITION BY B. SURESH, EXCISE CIRCLE INSPECTOR IN SC 1049/2014 GIVEN BEFORE THE ABKARI SPECIAL COURT, KOTTARAKKARA. // TRUE COPY //

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P.A. TO JUDGE

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Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017

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APPENDIX OF WP(C) 13962/2017

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: A TRUE COPY OF THE COMPLAINT LODGED BY SMT. SARANYA, AGED 26, VIJAYA VIHAR, VATTATHARA MURRY, CHAVARA VILLAGE KOLLAM DISTRICT BEFORE THE EXCISE DEPUTY COMMISSIONER, KOLLAM, DATED 30.10.13. EXHIBIT P2: A TRUE COPY OF THE REPORT DATED 18.1.14 SUBMITTED BY THE INSPECTOR OF POLICE CHAVARA TO THE ASSISTANT COMMISSIONER OF POLICE KARUNAGAPPALLY. EXHIBIT P3: A TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT SUBMITTED BY THE ASSISTANT EXCISE COMMISSIONER, KOLLAM BEFORE THE CONCERNED JFMC, ON FURTHER INVESTIGATION IN CRIME NO.133/2013. EXHIBIT P4: A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE ACCUSED IN CRIME NO.133/2013 OF EXCISE RANGE KOLLAM DATED 28.9.2016. EXHIBIT P5: A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 2.10.2017. RESPONDENTS' EXHIBIT: NIL

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// TRUE COPY //

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P.A. TO JUDGE

B.Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

B.Suresh v. State of Kerala

Case brief

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