IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.MC.No. 3098 of 2011() --------------------------------------- CC.166/2011 of CHIEF JUDICIAL MAGISTRATE, KALPETTA CR. NO.80/11 OF VYTHIRI POLICE STATION.(WAYANAD) .................... PETITIONER(S): ACCUSED --------------------------------------- NAZAR, S/O.ABDULLA, AGED 45, ANOTH METHAL HOUSE, YMCA ROAD, VYTHIRI POST, KUNNATHIDAVAKA AMSOM, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, VYTHIRI, WAYANAD.673 576. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.R.REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC.3098/2011 APPENDIX PETITIONER(S) EXHIBITS AI:-TRUE COPY OF F.I.R. IN CR.NO.80/11 OF VYTHIRI P.S.DATED.15.4.11. AI(A):-TRUE ENGLISH TRANSLATION OF ANNEX-I. AII:-TRUE COPY OF FINAL REPORT IN C.C.166/2011 OF C.J.M.COURT,KALPETTA. A.(IIA):TRUE ENGLISH TRANSLATION OF ANNEX-II. A.III:- COPY OF THE CERTIFICATE OF DRUNKENNESS. DTD. 15.4.2011. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3098 of 2011 ----------------------------------- Dated this the 19th day of October 2011 O R D E R Petitioner is the accused in Crime No.80/2011 of Vythiri Police Station. The charge sheet was laid against him alleging offence under Sec.118(a) of the Kerala Police Act, 2011. The alleged incident took place on 15.4.2011. The learned counsel for the petitioner submits that the notification was published only on 20.4.2011. But it says that it shall come into force with effect from 31.1.2011. The Act was notified only in the gazette dated 20.4.2011. The accused was stated to have committed the offence on 15.4.2011. Hence, he cannot be held liable for the offence under Sec.118(a). Therefore, the prosecution initiated against the accused under Sec.118(a) cannot be sustained. This Crl.M.C. is allowed. Further proceeding in C.C.No.166/2011 of the Chief Judicial Magistrate Court, Kalpetta is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt