IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4672 of 2008()
1. K.GANGADHARAN, AGED 53 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REP.BY EXCISE INSPECTOR,
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/12/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4672 of 2008
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Dated this the 17th day of December, 2008
O R D E R
The petitioner faces indictment in a prosecution under the
Kerala Abkari Act. The petitioner has now come to this court
with a prayer that the prosecution against him is not justified at
all in the light of the decision in Sunil v. State of Kerala (2006
(2) KLT 851).
2. Notice was given to the learned Prosecutor. The learned
Prosecutor, after taking instructions, submits that the State is
satisfied that the prosecution against the petitioner cannot now
survive in the light of the decision cited above. In the light of
that submission, it is unnecessary to advert to facts in any greater
detail. I am satisfied that the prosecution deserves to be quashed.
3. The learned Magistrate had also come to the conclusion
that the continuation of the proceedings is not reasonable. The
learned Magistrate chose not to grant the relief as there was no
provision justifying such termination of proceedings. It is hence
Crl.M.C.No. 4672 of 2008
2
that the petitioner has come to this Court with this petition under
section 482 Cr.P.C.
4. Altogether there were two accused persons. The learned
Prosecutor reports that the co-accused has already dead.
5. In the result:
a) This Crl.M.C. is allowed.
b) S.T.C. 5391 of 2006, pending before the J.F.M.C.-I, Kannur,
in which the petitioner is the second accused, is hereby quashed.
c) Needless to say, proceedings under Section 446 Cr.P.C., if
any, pending against the petitioner and his sureties shall be disposed of
by the learned Magistrate in accordance with law.
(R. BASANT)
Judge
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