IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Crl.MC.No. 4455 of 2010() ----------------------------------- ( CRIME NO. 12/2010 OF EXCISE RANGE OFFICE, THIRUPURAM, THIRUVANANTHAPURAM DISTRICT ) ------------------- PETITIONER(S): ---------------------- 1. BIJU, S/O.RAMACHANDRAN, SIVAMANGALATH HOUSE, POOVAR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK THIRUVANANTHAPURAM DISTRICT. 2. SIVARAJAN, S/O.RAGHAVAN VISAKHAM HOUSE ,POOVAR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK THIRUVANANTHAPURAM DISTRICT. 3. P.K.DEVADASAN, S/O. VELAYUDHAN PALACKAPARAMBIL HOUSE, MALAYINKEEZHU DESOM, NEYYATTINKARA TALUK,THIRUVANANTHAPURAM DISTRICT. 4. YESUDASAN, S/O.CHELLAN NADAR DIVYA BHAVAN, NELLISSERY, NEYYATTINKARA TALUK,THIRUVANANTHAPURAM DISTRICT. 5. JAYAKURMAR, S/O.JAYAPALAN, KRISHNA KRIPA, PETTA DESOM THIRUVANANTHAPURAM TALUK THIRUVANANTHAPURAM DISTRICT. 6. HARIKUMAR,S/O.SUKUMARAN NAIR VALIYAEDATHINGAL HOUSE, KOVILLOOR DESOM NEYYATTINKARA TALUK,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUPURAM, THIRUVANANTHAPURAM DISTRICT, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4455 OF 2010 --------------------------------------------- Dated 30th November, 2010 O R D E R Petitioners, the accused in CR.12/2010 of Excise Range Office, Thirupuram registered for the offences under Sections 57 (a) and 56(b) of Kerala Abkari Act filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-A crime and occurrence report and all the further proceedings or in the alternative direct the respondent to file a final report within a stipulated time. 2. Learned Senior counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned Senior counsel submitted that petitioner is pressing only the alternative relief sought for and direction Crmc 4455/10 2 may be issued to respondent to file final report before the end of February, 2011. 4. Learned Public Prosecutor submitted that as certificate of chemical analysis on proper analysis is not obtained, a further request is being sent to the Laboratory and immediately on getting a proper certificate of chemical analysis, final report will be submitted and there could be a direction to file the final report before 28/2/2011. Petition is disposed directing Excise Inspector, Excise Range office, Thirupuram to submit final report in CR.12/2010 registered under Annexure-A crime and occurrence report before 28/2/2011. M.SASIDHARAN NAMBIAR, JUDGE. uj.