IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Crl.MC.No. 375 of 2011() ------------------------ CMP.6506/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM CRIME NO.85 OF 2010 OF KAYAMKULAM EXCISE RANGE .................... PETITIONER(S): ACCUSED A1-A3 ---------------------------- 1. SUDAKARAN,AGED 47 YEARS, S/O.DIVAKARAN,DIVYALAYAM HOUSE,CHERAVALLI MURI, KAYAMKULAM VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA. 2. YESODHARAN,S/O.NARAYANAN, THANIVELITHARAYIL,VALLIKUNNAM,PUTHENCHANTHA MURI, VALLIKUNNAM VILLAGE,MAVELIKKARA TALUK,ALAPPUZHA. 3. MUTHUMON,S/O.BHARATHAN,KRISHNALAYAM HOUSE,CHOOLATHARUVE MURI,MUTHUKULAM VILLAGE, KARTHIKAPPALLY TALUK,ALAPPUZHA. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.375 of 2011 -------------------------------------- Dated this the 7th day of February, 2011. ORDER Petitioners are accused in Crime No.85 of 2010 of Kayamkulam Excise Range for offences punishable under Sections 56(b) and 57(a) of the Abkari Act (for short, “the Act”). According to the learned counsel, though the report on the first sample (Annexure-A) drawn by the authorised officer said that the volume of ethyl alcohol is in excess of the permitted limit under the relevant Rules, the report on the second sample (Annexure-B) shows that the volume of ethyl alcohol is only 6.98% which is less than the permissible limit and hence no offence as alleged is committed. 2. Learned counsel for petitioners after arguing the matter for some time has sought permission to withdraw this petition seeking a direction to the Investigating Officer to complete investigation of the case and submit final report as early as possible. 3. I have heard learned Public Prosecutor also. Having regard to the circumstances stated by learned counsel I am inclined to grant the relief sought for. Crl.MC.No.375/2011 2 Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioners to take appropriate defence in the appropriate court. The Officer investigating the case is directed to complete investigation as early as possible and submit final report in the matter as provided under law. THOMAS P.JOSEPH, Judge. cks