Petitioner, fourth accused in an excise case involving 9900 litres of spirit transported by lorry, sought quashing of the final report. The court held his alleged fabrication of a sale agreement and instigation were disputed factual matters unfit for determination under Section 482 Cr.P.C., and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
CRL.MC NO. 3256 OF 2022
CRIME NO.10/2009 OF TALIPARAMBA EXCISE RANGE OFFICE, KANNUR IN SC NO.121 OF 2015 OF ASSISTANT SESSIONS COURT/SUB
COURT/COMMERCIAL COURT, PAYYANNUR
PETITIONER:
KURIAKOSE P.X
AGED 45 YEARS
PERUMPALLY HOUSE,
AKG VAYANASHALA ROAD,
THAMMANAM P.O KOCHI, PIN – 682032
BY ADVS.
MANSOOR.B.H.
SAKEENA BEEGUM
RESPONDENT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
2 EXCISE CIRCLE INSPECTOR EXCISE RANGE OFFICE, THALIPARAMBA, PIN – 670141
BY ADV.
SRI.NOUSHAD K.A,
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.3256 of 2022
BECHU KURIAN THOMAS, J.
--------------------------------------Crl.M.C. No.3256 of 2022
Dated this the 20th day of May, 2024
ORDER
Petitioner seeks to quash the final report in O.R.No.10/2009 of Thaliparamba Excise Range Office, Kannur, which is now pending consideration as S.C.No.121/2015 on the files of the Assistant Sessions Court, Payyanur. Petitioner is arrayed as the fourth accused.
Crl.M.C.No.3256 of 2022
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name of Balakrishnan, and had signed as a witness. As per the final report, the vehicle involved in the crime was actually purchased by the petitioner, and that the offence was committed allegedly under the direction and instigation of the petitioner.
Accordingly, I find no merit in this criminal miscellaneous case and it is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/20.05.24
Crl.M.C.No.3256 of 2022
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APPENDIX OF CRL.MC 3256/2022
PETITIONER’S ANNEXURES
Annexure-ACERTIFIED COPY OF THE FINAL REPORT IN O.R
10/2009 OF THALIPARAMBA EXCISE RANGE
OFFICE
1 issue framed by the court
Whether the High Court under Section 482 Cr.P.C. can quash the final report where the accused's role involves disputed questions of fact.
2 provisions across 2 enactments
Kuriakose P.X
State of Kerala
Excise Circle Inspector, Excise Range Office, Thaliparamba
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court