IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Crl.MC.No. 1252 of 2010 --------------------------------------- CR.23/2009 of EXCISE RANGE OFFICE, THRISSUR ............ PETITIONERS/ACCUSEC 1 TO 4: 1. RENJITH, S/O.A.T.SEKHARAN, ANAND BHAVAN, POOVANCHIRA DESOM, PANAMCHERRY VILLAGE, THRISSUR DISTRICT. 2. SHEMMY, S/O.KUNJAPPAN, KOTTALAKKUNNU HOUSE, VETTILAPPARA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. SIJO JOY VARGHESE, S/O.JOY VARGHESE, THAMARAYALIL HOUSE, NERYAMANGALAM, KOTHAMANGALAM, ERNAKULAM DISTRICT. 4. K.B.PADMADAS, MANAGING PARTNER, HOTEL DASS CONTINENTAL, THRISSUR. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, THRISSUR, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1252 of 2010 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-B crime and occurrence report in C.R.No.23/2009 of Excise Range Office, Thrissur and the further proceedings initiated before the Magistrate for the offence under Section 56(b) of Abkari Act. 2. Learned senior counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned senior counsel submitted that though final report has been submitted, cognizance was not taken and petitioners be permitted to seek an order by filing a petition under Section 258 of Code of Criminal Procedure before the learned Magistrate, without insisting for the presence of the petitioners for the purpose of hearing the petition. CRMC 1252/10 2 Petition is disposed granting liberty to the petitioners to raise all the contentions before the Magistrate. Magistrate is directed not to insist for the presence of the petitioners for the purpose of filing a petition under Section 258 of Code of Criminal Procedure or for its hearing. 9th April, 2010 (M.Sasidharan Nambiar, Judge) tkv