IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2032 of 2007()
1. VARKEYACHAN, AGED 55, S/O.JOSEPH,
... Petitioner
2. VARGHESE @ KUTTAN, S/O JOHN,
3. VARGHESE, S/O.CHAKU, ALIKA HOUSE,
4. SHIJU, S/O.SUBRAMANIAN,
Vs
1. THE STATE OF KERALA, REP.BY THE
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/06/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.2032 of 2007
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Dated this the 26th day of June, 2007
O R D E R
Petitioners face indictment for an offence punishable uinder
Section 56(b) of the Kerala Abkari Act. Final report has been filed.
For obscure reasons proceedings are seen registered as committal
proceedings. The petitioners have come before this Colurt to raise
two grievances. It is contended first of all that no committal
proceedings are, at any rate, liable to be registered. Secondly it is
contended that cognizance taken is barred by limitation. I am of the
opinion that the petitioners must raise both these contentions before
the learned Magistrate. The learned Magistrate must expeditiously
consider those contentions and pass appropriate orders. I do not find
any necessity for this Court to invoke the powers under Section 482
Cr.P.C for considering the said contentions. The petitioners must
raise them before the learned Magistrate and the learned Magistrate
must pass appropriate orders.
2. With the above observation/direction, this Crl.M.C is,
dismissed.
(R.BASANT, JUDGE)
rtr/-
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