IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Crl.MC.No. 2578 of 2010() ------------------------- CRIME NO.11/2009 OF EXCISE RANGE, NORTH PARAVOOR, ERNAKULAM ------------------------------- PETITIONER(S): 2ND RESPONDENT ----------------------------- SMT. K.R.VIJAYA, AGED 39 YEARS, W/O. KUNJUMON, PROPRIETRIX, KALLUPALATHINGAL HOUSE, M/S. HARITHA PHARMACEUTICALS, DOOR NO.XV/292, VARANDARAPPILLY P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE RANGE CIRCLE INSPECTOR, EXCISE RANGE OFFICE, PARAVOOR. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2578 of 2010 -------------------------------------- Dated this the 14th day of July, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.11/2009 of Excise Range, North Paravoor for contravention of Rule 9(1) and 17 of the Kerala Spirituous Preparations (Control) Rules 1969 and punishable under Sections 56(b) and 67(b) of the Abkari Act and now pending before the J.F.C.M Court-I, Aluva as S.T.No.6811/2009 seeks to quash Annexure XI occurrence report and Annexure XII final report in the above crime. 2. After receipt of summons from the learned Magistrate, the petitioner as well as the 1st accused entered appearance before the Court and particulars of the offences were read over and explained to them and they pleaded not guilty to the same. The trial has thus started and the case stands posted for prosecution evidence. Hence, the proper course open to the petitioner is to stand trial. In case the petitioner who is a woman, files an application for personal exemption incorporating the necessary averments, the learned Magistrate shall consider the same favourably and shall not insist on the personal appearance of the petitioner unless it is Crl.M.C. No.2578 of 2010 : 2 : absolutely necessary during the subsequent stage of the trial. Reserving the above right of the petitioner, this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb