IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Crl.MC.No. 2818 of 2009() ------------------------------------ CP.41/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, AMABALAPUZHA CRIME NI.299/2007 OF AMBALAPUZHA POLICE STATION. .................... PETITIONER/3RD ACCUSED --------------------------------------- AJITHKUMAR, S/O. KRISHNA PILLAI, AGED 28 YEARS, KEEZHOOR HOUSE, WARD NO.2, PURAKKADU PANCHAYATH. BY ADV. MR.C.A.CHACKO SMT.C.M.CHARISMA MR.N.A.SHAFEEK MR.K.S.SALEESH RESPONDENT/COMPLAINANT ------------------------------------------- THE STATE OF KERALA, REPRESENTING S.I. OF POLICE, AMBALAPUZHA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2818 of 2009 -------------------------- ORDER Petitioner is the third accused in C.P.No.41/2009 on the file of Judicial First Class Magistrate's Court, Ambalapuzha. Prosecution case is that first accused stored 600 ml. of Indian Made Foreign Liquor, in violation of the provisions of Abkari Act and without obtaining a licence, in a bunk shop, near the shopping complex, on the side of Kollam-Alappuzha National Highway road at Ambalapuzha and sold the same in glasses to accused 2 and 3 from a public place and the accused thereby committed the offences under Sections 55(a) and (i) and 15C of Abkari Act. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to permit the petitioner to plead guilty, as, under the final report, he committed only an offence under Section 15C of Abkari Act. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 2818/09 2 3. Argument of the learned counsel appearing for the petitioner is that as is clear from Annexure-A1 final report, the only case as against the petitioner is that he consumed foreign liquor from a public place, when it was sold by the first accused from his bunk shop and if that be so, at best, he can be prosecuted only for the offence under Section 15C of Abkari Act and petitioner is entitled to plead guilty of the said offence. Learned counsel relied on the unreported decision of this Court in Crl.M.C.No.2145/2008 (Annexure-A2), where, in an identical case, this Court permitted the petitioner therein to raise a contention before the Magistrate, before committal, that he is entitled to plead guilty of the offence under Section 15C of Abkari Act and also directed the Magistrate to pass a reasoned order. 4. Learned Public Prosecutor submitted that the entire case has to be committed to the Sessions Court. 5. In view of Annexure-A2 order of this Court, where, in an identical situation, one of the accused, who contended that as per the allegation the only offence which is attracted as against him is under CRMC 2818/09 3 Section 15C of Abkari Act and therefore, he is entitled to plead guilty of the said offence, this court, directed the Magistrate to consider the plea and pass a reasoned order, petitioner is also entitled to the said benefit. Petition is disposed, granting liberty to the petitioner to raise a plea before the Magistrate, before committal, that the only offence which is attracted as against him is under Section 15C of Abkari Act and he is entitled to plead guilty of the said offence. If such a plea is raised, Magistrate to consider the plea and pass a reasoned order in the application, if he choses to commit the case as against the petitioner. 23rd September, 2009 (M.Sasidharan Nambiar, Judge) tkv