IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Crl.MC.No. 3951 of 2010(F) ------------------------------------- (CRIME NO.401/2009 OF ANCHAL POLICE STATION) .......... PETITIONER: ------------------- JOHNY MATHEW, AGED 48, S/O.MATHEW, KUNNUMPURATHU VEEDU, PALA. BY ADV. SRI.C.P.UDAYABHANU. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE (CRIME 401/09) ANCHAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3951 OF 2010 --------------------------------------------- Dated 22nd October, 2010 O R D E R Petitioner who was implicated as accused No.12 in Crime No.401/2009 of Anchal Police Station registered for the offence under Section 55(a) of Abkari Act under Annexure-I FIR, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in Annexure-I FIR petitioner is not an accused and by Annexure-II report, petitioner has been implicated as an accused, being the owner of the tanker lorry and there is no material to implicate the petitioner. 2. Learned counsel appearing for the petitioner and learned Public Crmc 3951/10 2 Prosecutor were heard. 3. For the reason that the petitioner was not arrayed as an accused when crime was registered it cannot be said that he cannot be implicated as an accused on the materials gathered on investigation. Annexure-II report submitted by Circle Inspector on investigation reveals that petitioner is also involved. Hence investigation as against the petitioner cannot be quashed as sought for. Petitioner is at liberty to challenge the final report, if filed against him. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.