Allowed

Rajesh v. State of Kerala

Kerala HC27 Oct 2022Crl.MC/1937/2022

Case brief

AI extract

What is this about?

This criminal miscellaneous petition under Section 482 CrPC sought quashing of the final report in an Excise case. The court allowed the petition and quashed the proceedings against the second accused, holding that no purpose would be served as the prosecution failed to prove the charge due to insufficient evidence.

What did the court decide?

Final report in Crime No.53 of 2009 pending as C.P.No.120 of 2022 quashed as far as the petitioner is concerned.

Rajesh Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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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 A. BADHARUDEEN THURSDAY, THE 27^TH DAY OF OCTOBER 2022 / 5TH KARTHIKA,

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1944

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CRL.MC NO. 1937 OF 2022

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CRIME NO.53/2009 OF ADOOR EXCISE RANGE, PATHANAMTHITTA DISTRICT NOW PENDING AS L.P.NO.50/2019 IN C.P.138/2014 (RE-FILED FROM C.P.NO.45/2012) BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

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PETITIONER/ACCUSED-A2 :

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RAJESH, AGED 51 YEARS, S/O GOPINATHAN, REKHALAYAM, MANNADI MUGHAM MURI, KADAMPANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691530 BY ADV P.V.DILEEP

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RESPONDENTS/STATE & COMPLAINANT :

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 THE CIRCLE INSPECTOR OF EXCISE, ADOOR EXCISE CIRCLE OFFICE, ADOOR P.O, PATHANAMTHITTA DISTRICT, PIN - 691523

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BY SRI.T.R.RENJITH, SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1937 of 2022

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-:2:-

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A.BADHARUDEEN, J.

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Crl.M.C.No.1937 of 2022

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--------------------------------------------------------

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Dated this the 27^th day of October, 2022

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O R D E R

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This is a petition filed under Section 482 of the

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Code of Criminal Procedure to quash final report in Crime No.53 of 2009 of Adoor Excise Range now pending as C.P.No.120 of 2022 before the Judicial First Class

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Magistrate Court, Adoor.

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Heard the learned counsel for the

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petitioner as well as the learned Public Prosecutor.

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It is submitted by the learned counsel for

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the petitioner that the petitioner is the second accused in

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the above crime and the first accused, when tried by the

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Court, was acquitted as per Annexure-2 judgment, on the

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-:3:-

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Crl.M.C.No.1937 of 2022

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finding that the prosecution failed to prove that the spirit had been illegally transported in the vehicle and only plastic crates were produced before the Court.

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The learned Public Prosecutor also

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conceded the acquittal as per Annexure-2 and he submitted that no appeal preferred therefrom.

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In Paragraph 16 of Annexure-2, the

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learned Sessions Judge summarised the reason for acquittal. The same is extracted hereunder:

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“16. The prosecution was unable to prove that spirit has been illegally transported in the vehicle. What is before me is only plastic crates, one mobile phone without SIM Card and chemical report regarding the content of ethyl alcohol in a piece of cloth. These are not sufficient to prove the prosecution case. At this juncture, I hold that prosecution miserably failed to prove the case and the accused is entitled to get an order of acquittal. Point is answered accordingly.”

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6. On a perusal of the above finding, it appears

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Crl.M.C.No.1937 of 2022

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that no purpose will be served, if the petitioner also will be tried, since there are no sufficient materials to prove illegal transportation of spirit as alleged by the prosecution.

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In the result, the petition stands allowed. Accordingly, final report in Crime No.53 of 2009 of Adoor Excise Range pending as C.P.No.120 of 2022 before the Judicial First Class Magistrate Court, Adoor stands quashed, insofar as the petitioner is concerned.

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Sd/-

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A. BADHARUDEEN JUDGE

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rkj

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Crl.M.C.No.1937 of 2022

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-:5:-

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APPENDIX OF CRL.MC 1937/2022

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PETITIONER ANNEXURES Annexure-1 THE CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.53/2009 OF EXCISE RANGE, ADOOR Annexure-2 THE TRUE COPY OF THE ORDER IN S.C. NO. 250/ 2015 OF ADDITIONAL SESSIONS COURT-II, PATHANAMTHITTA DATED 8.8.2018

Rajesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

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