IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4628 of 2008() ------------------------- ST.2926/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... (CRIME NO.720/208 OF KADAVANTHRA POLICE STATION,ERNAKULAM) PETITIONER(S): ACCUSED – 1 TO 3: ------------------------------------------------------ 1. SOLAMAN, AGE 33 YEARS, S/O.JOSEPH, R/AT CHAKKUTHARA HOUSE, KANNAMPILLY ROAD, PACHALAM, CHERANELLOOR VILLAGE, ERNAKULAM. 2. ANOOP VARGHESE, AGED 29 YEARS, S/O.VARGHESE, R/AT VATTOLIL HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM. 3. DON BOSCO, AGED 29 YEARS, S/O.GILBERT R/KUTTUNGAL HOUSE, PACHALAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.AJEESH S.BRITE RESPONDENT(S): COMPLAINANTS: ----------------------------------------------------- SUB INSPECTOR OF POLICE, KADAVANTHARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.4628 of 2008 ---------------------------------------- Dated this the 28th day of November 2008 O R D E R Petitioners face indictment in a prosecution for the offence punishable under Section 15C of the Kerala Abkari Act. The crux of the allegations is that they were found consuming liquor in a public place. Final report has been filed. Cognizance has already been taken. According to the petitioners they are absolutely innocent. The allegation is false. It is prayed that invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C, the proceedings against the petitioner may be quashed. 2. It is conceded that the case of the prosecution is that the petitioners were found consuming liquor by the detecting officer in a public place. If that be so, the direction for quashing must be held to be without any merit or substance. The question whether the allegations are true or correct and is or not supported by satisfactory material and whether the statement of the detecting officer can be accepted are all not questions which I can consider at this stage. The prayer for quashing of the proceedings must therefore be rejected. Crl.M.C.No.4628/08 2 3. The learned counsel for the petitioner submits that the petitioner wants to apply for exemption from personal appearance. The petitioner can do that. The learned Magistrate must consider the same and pass appropriate orders. 4. With the above observations, this Crl.M.C is dismissed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4628/08 3 Crl.M.C.No.4628/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008