IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Crl.MC.No. 423 of 2010() ------------------------------------- (CRIME NO.224/95 OF KOTTARAKKARA EXCISE RANGE OFFICE, KOLLAM DISTRICT) PETITIONER(S): ACCUSED: ----------------------------------------- VIJAYAN @ VIJAYAKUMAR, AGED 45 YRS, D/O.VASU NAIR, MURIYIL CHARUVILA HOUSE, NADUVATHOOR VILLAGE, KOTTARAKKARA,. BY ADV. MR.K.V.SABU RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 423 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have the proceedings in L.P. 10 of 1998 pending before the Judicial Magistrate of the First Class-I, Kottarakkara in relation to Crime No. 224 of 1995 of Kottarakkara Excise Range quashed. 2. Petitioner is the accused in Crime No.224 of 1995 of Kottarakkara Excise Range for having committed offence punishable under Section 55(a) of the Abkari Act. The prosecution allegation is that on 14.7.1995 at about 5.30 p.m. the Circle Inspector of Police had occasion to see the petitioner carrying a can. On seeing the excise party, petitioner is said to have dropped the can and he took to his Crl.M.C.423/2010. 2 heels. Petitioner says that he is innocent and has been falsely implicated. According to him, he was not aware of the pendency of the case against him and that he had no idea that a crime has been registered against him. He would say that no summons was received by him. Recently he came to know about the pendency of the case against him. He claims to be a trade union leader. 3. Whatever that be, it is for the petitioner to appear before the court below, which issued warrant, plead the true state of affairs and seek appropriate reliefs. Admittedly a warrant is pending against the petitioner. Since the petitioner has been evading law, there is no question of quashing the proceedings. In the result, this petition is disposed of directing the petitioner to surrender before JFCM-I, Kottarakkara on or before 16.2.2010 and in case he moves an application for bail, after serving copy to the Public Prosecutor, the court below will make every Crl.M.C.423/2010. 3 edeavour to dispose of the application on the same day itself. P. BHAVADASAN, JUDGE sb.