IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4858 of 2010()
1. SURESH KUMAR, S/O. NARAYANAN,
... Petitioner
2. KISHORE, S/O. SHAJI,
3. RAVI, S/O. KUNJAPPAN,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.JAI GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/12/2010
O R D E R
M.Sasidharan Nambiar, J.
——————————-
Crl.M.C.Nos.4858 & 4994 of 2010
——————————-
COMMON ORDER
Petitioners, the accused in C.R.Nos.36/2010 and
41/2010 of Excise Range, Thrissur, filed these
petitions under Section 482 of Code of Criminal
Procedure to quash the prosecution contending that
though Division Bench of this Court upheld the maximum
percentage of ethyl alcohol present in toddy as
provided under the Rules, Honourable Supreme Court in
Petitions for Special Leave to Appeal (Civil)Nos.14353-
14365/2010 stayed the prosecution in respect of those
cases for violation of the Rule prescribing maximum
percentage of ethyl alcohol content in toddy.
2. Learned counsel appearing for the petitioners
and learned Public Prosecutor were heard.
3. Argument of the learned counsel appearing for
the petitioners is that prosecution has been lodged
based on the Division Bench decision of this Court,
upholding the maximum percentage of ethyl alcohol
content prescribed under the Rules and as Honourable
Supreme court had stayed the prosecution in Petitions
CRMC 4858&4994/10 2
for Special Leave to Appeal (Civil)Nos.14353-
14365/2010, prosecution in this case is either to be
quashed or stayed.
4. As rightly pointed out by the learned Public
Prosecutor, Division Bench decision has not been
overruled or even stayed by the Honourable Supreme
Court and it still holds the field. It is binding on
this Court. Hence, the cases cannot be quashed as
sought for. Honourable Supreme Court stayed only the
prosecution of those accused in those cases and there
is no general stay of prosecution. In such
circumstances, petitioners are not entitled to get an
order to quash the proceedings or to stay the
prosecution.
Petitions are dismissed.
22nd December, 2010 (M.Sasidharan Nambiar, Judge)
tkv