IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 77 of 2008() ----------------------- CRIME NO.801/2007 OF THIRUVALLA POLICE STATION. S.T. 1487 OF 2007 OF JFCM, THIRUVALLA. PETITIONER(S): 1ST ACCUSED ------------------------------------------ NASEEMA, AGED 32, W/O. NASAR, NADUVILEPARAMBIL HOUSE, FATHIMAPURAM KARA, THRIKKODITHANAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 77 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have Annexure B final report and all further proceedings in S.T.1487 of 2007 on the file of the Judicial Magistrate of the First Class, Thiruvalla quashed. 2. Petitioner is the first accused in S.T.1487 of 2007 before the JFCM, Thiruvalla for having committed offence punishable under Section 15(c) of the Kerala Abkari Act. As per the prosecution case, on 5.12.2003 at 19.30 hrs., the police party conducted a search in the premises of the PWD Rest House and found accused Nos. 2 and 3 consuming Indian made foreign liquor. Crime was registered against them as well as against the Manager of the Rest House and the petitioner as Crime No. 801 of 2003. Initially, the Manager of the Rest House was the first accused and the petitioner was arrayed as Crl.M.C. 77/2008 2 the second accused. The persons who were seen consuming liquor are arrayed as accused Nos. 3 to 7. It is stated that in the final report the Manager was deleted from the party array and the petitioner was shown as the first accused. Petitioner is only a sweeper in the Rest House and she has nothing to do with the incident. PWD Rest House is run by the Manager and he is the custodian of the Rest House. It is submitted that she has been falsely implicated. She says that it is a sheer abuse of process of court and that she may not be compelled to face the ordeal of trial. 3. Heard both sides. 4. On going through the records, it is felt that there is considerable force in the submission made by the petitioner. There is nothing in the records to show that the petitioner had anything to do with the incident, except that she is the Sweeper of the Rest House. From the allegations , there is nothing to show that she was in possession of the contraband articles. It is also interesting to note that the Manager was deleted from the party array Crl.M.C. 77/2008 3 and the petitioner was retained. Whatever that be, considering the facts of the case, there is nothing to indicate that the petitioner had any role to pay in the incident. In the result, this petition is allowed and the proceedings in S.T.1487 of 2007 before the JFCM, Thiruvalla, as far as the petitioner is concerned, shall stand quashed and all further proceedings against her shall stand dropped. P. BHAVADASAN, JUDGE sb.