IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 14030 of 2010(Q) -------------------------- PETITIONER:- ------------------ ANSARI, AGED 29 YEARS, S/O.NABEESA BEEVI, BABA SAHIB NAGAR, PATHANAPURAM.P.O, KOLLAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS:- ---------------------- 1. STATE OF KERALA, REP.BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM. 5. THE CIRCLE INSPECTOR OF EXCISE, KOLLAM. BY GOVT.PLEADER SRI.V.T.K.MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14030 of 2010(Q) APPENDIX PETITIONER'S EXHIBITS:- P1: PHOTOCOPY OF THE MAHAZAR DTD.24.4.2010 PREPARED BY THE 5TH RESPONDENT. P2: PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.39 OF 2010 REGISTERED BY THE 4TH RESPONDENT. P3: PHOTOCOPY OF THE ORDER DTD.13.6.2008 IN CRL.M.C.NO.2096/2008 PASSED BY THIS HON'BLE COURT. P4: PHOTOCOPY OF THE ORDER DTD.1.6.2009 IN CRL.MC.NO.1009/2009 PASSED BY THIS HON'BLE COURT. P5: PHOTOCOPY OF THE ORDER DTD.6.4.2010 IN CRL.M.C.NO.3426/2007 PASSED BY THIS HON'BLE COURT. RESPONDENTS' EXHIBITS:- NIL. ( TRUE COPY ) P.A. TO JUDGE. Kvs/- Bhabani Prasad Ray, J. ==================================== W.P.(C)No.14030 of 2010 ==================================== Dated this the 18th day of March, 20110. JUDGMENT Heard the learned counsel for the petitioner and learned Government Pleader. Petitioner has filed this writ petition with a prayer to quash Ext.P2 (CR.No.39/2010) registered by the fourth respondent. It is stated that even before the receipt of chemical examination report, case has been registered. By the interim order dated 30.4.2010, this Court directed that notwithstanding the registration of the crime against the petitioner, no further proceedings shall be taken on that crime against the petitioner till the report of chemical examination of toddy seized is received. The prayer of the petitioner to quash the aforesaid crime cannot be accepted at this stage. As and when the report of the chemical analysis is received, the officer in charge of the investigation of the above crime shall complete the investigation and file final report before the Magistrate, as expeditiously as possible. In case charge- WPC14030/10 -:2:- sheet is filed against the petitioner, the petitioner shall assail the same in appropriate proceedings, if grounds exist. Interim order shall continue till the chemical analysis report is received. Writ petition is disposed of with the aforesaid direction. Bhabani Prasad Ray, Judge. sl.