IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4557 of 2008()
1. JANEESH P.S., AGED 27YEARS,
... Petitioner
2. MOHANAN, AGED 53 YEARS,
3. ANANDAN, AGED 48 YEARS,
4. RAVEENDRAN, AGED 50 YEARS,
5. BINU, AGED 38 YEARS,
6. RAMAKRISHNAN, AGED 58 YEARS,
7. RAVI, AGED 39 YEARS,
8. BHARATHAN, AGED 54 YEARS,
Vs
1. STATE OF KERALA, REP. BY EXCISE
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :20/02/2009
O R D E R
M.N. KRISHNAN, J
-----------------------
CRL.M.C.No. 4557 OF 2008
&
W.P(C) No. 5213 OF 2009
---------------------------------
Dated this the 20th day of February, 2009
O R D E R
Crl.M.C. 4557/2008 is filed with a prayer to quash
Annexure- D final report to the extent it proceeds against the
petitioners 2 to 9 by allowing the above Crl.M.C. W.P.(C)
5213/2009 is filed with a prayer to quash Ext. P2 and to declare
that the petitioners will not be affected for disqualifying the
renewal of their licences due to the registration of C.R.No.
59/2008 by the 6th respondent.
2. A perusal of the proceedings in Crl.M.C. 4557/2008 and
the order of the learned Judge on 5.12.2008 would show that the
court was dissatisfied with the nature of the investigation
conducted in the matter and there was a direction to the learned
Director General of Prosecution to bring the matter to the notice
of the Excise Commissioner and a direction was given to file a
statement by the investigating officer showing the basis on which
CRL.M.C.No. 4557/2008 & W.P(C) No. 5213/2009
-2-
such a charge sheet has been filed in the matter. The learned
Director General of Prosecutions informed the Excise
Commissioner that the statements are filed whereby the Excise
Commissioner reported that he was also dissatisfied with the
nature of the enquiry and investigation and he is appointing a
team of the special officers for conducting proper investigation
that too with the permission of the court. Now the said
proceeding is pending and investigation is going on. Now the
whole thing is that there shall not be indefinite delay in filing the
final report for the reason that it may affect the chances of the
writ petitioners herein for getting the renewal of the licence. The
learned Director General of Prosecution in fairness submits before
me that all steps will be taken to complete the investigation at
the earliest. Since the matter is pending for final investigation it
is sufficient if direction is given to the investigating team to
complete the investigation and submit a final report to the court
for which the counsel for the petitioner also agrees. I direct the
investigating team to complete the investigation and file the final
report on or before 10.3.2009. Needless to say if there is any
CRL.M.C.No. 4557/2008 & W.P(C) No. 5213/2009
-3-
grievance for the petitioners they can choose the appropriate
forum to ventilate their grievance in accordance with law.
Both the Crl.M.C and W.P.(C) are disposed of accordingly.
M.N. KRISHNAN,JUDGE
vkm