High Court Kerala High Court

Achankunju vs State Of Kerala on 5 March, 2009

Kerala High Court
Achankunju vs State Of Kerala on 5 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 1122 of 2007(A)



1. ACHANKUNJU, C.NO.1622, C.P., TRIVANDRUM
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.SRI.BABU .P.C.(SB)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :05/03/2009

 O R D E R

J.B. Koshy,Ag.C.J. & V.Giri, J.

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Crl.Appeal No.1122 of 2007

—————————————-
Dated this the 5th day of March, 2009

Judgment

Koshy, Ag.C.J.

This case was referred by a learned single Judge in view of the

difference of opinion expressed in Sabu v. State of Kerala (2007 (3) KLJ 157 =

2007 (4 KLT 169) and Vikraman v. State of Kerala (2007 (1) KLT 1010). A

Division Bench of this Court in Subash v. State of Kerala (2008 (2) KLT 1047)

upheld the decision reported in Vikraman’s case and held that the Magistrate

can take cognizance of offence only if an abkari officer files the report and

since in that case the abkari officer did not file the report, but, only by an

Assistant Sub Inspector of Police who is not an abkari officer, the proceedings

were set aside. In this case, it is seen from paragraph 7 of the impugned

judgment that PW1 Sub Inspector of Police, Nallamunda Police Station

conducted investigation and laid charge even though Assistant Sub Inspector

of Police has detected the offence. Since the dispute between the two

decisions reported in Sabu v. State of Kerala (2007 (3) KLJ 157 = 2007 (4)

KLT 169) and Vikraman v. State of Kerala (2007 (1) KLT 1010) are upheld.

We send back this case to the learned single Judge for a decision in Criminal

Appeal on merit.

J.B.Koshy
Acting Chief Justice

V. Giri
Judge

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