IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4672 of 2008() ------------------------- CMP 961/08 IN STC.5391/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): ACCUSED NO.2 --------------------------- K.GANGADHARAN, AGED 53 YEARS, S/O.SANKARAN NAIR, P.V.S.VILLA, TALAP, KANNUR-2. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KANNUR, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4672 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2008 O R D E R The petitioner faces indictment in a prosecution under the Kerala Abkari Act. The petitioner has now come to this court with a prayer that the prosecution against him is not justified at all in the light of the decision in Sunil v. State of Kerala (2006 (2) KLT 851). 2. Notice was given to the learned Prosecutor. The learned Prosecutor, after taking instructions, submits that the State is satisfied that the prosecution against the petitioner cannot now survive in the light of the decision cited above. In the light of that submission, it is unnecessary to advert to facts in any greater detail. I am satisfied that the prosecution deserves to be quashed. 3. The learned Magistrate had also come to the conclusion that the continuation of the proceedings is not reasonable. The learned Magistrate chose not to grant the relief as there was no provision justifying such termination of proceedings. It is hence Crl.M.C.No. 4672 of 2008 2 that the petitioner has come to this Court with this petition under section 482 Cr.P.C. 4. Altogether there were two accused persons. The learned Prosecutor reports that the co-accused has already dead. 5. In the result: a) This Crl.M.C. is allowed. b) S.T.C. 5391 of 2006, pending before the J.F.M.C.-I, Kannur, in which the petitioner is the second accused, is hereby quashed. c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioner and his sureties shall be disposed of by the learned Magistrate in accordance with law. (R. BASANT) Judge tm