IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Crl.MC.No. 2380 of 2008() ------------------------- CP.138/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONERS:ACCUSED ------------ 1. GOPAKUMARAN NAIR, AGED 59 YEARS, S/O.MADHAVAN PILLAI, TC-17/516, `DARSANA', POOJAPPURA, SASTHAMANGALAM, THIRUVANANTHAPURAM. 2. ARUN, AGED 38 YEARS, S/O.VAMADEVAN, VAMA NIVAS, BALARAMAPURAM, THIRUVANANTHAPURAM. 3. MADHU, AGED 46 YEARS, S/O.GOPINADHAN, MADHURIMAYIL, KOPPAM, NEDUMANGADU, THIRUVANANTHAPURAM. 4. SUNILKUMAR, AGED 37 YEARS, S/O.SUBRAMANIAN, TR-14/1418, PALAYAM WARD, THYCAUD, THIRUVANANTHAPURAM. 5. RAMANAN, AGED 47 YEARS, S/O.RAGHAVAN, CHITHRA BHAVAN, VILAVOORKKAL, THIRUVANANTHAPURAM. 6. AYYAPPAN, AGED 50 YEARS, S/O.KOCHUNARAYANAN, SHEEBA BHAVAN, KATTAYIKONAM, POTHENCODE, THIRUVANANTHAPURAM. 7. CHANDRAN, AGED 48 YEARS, S/O.DIVAKARA PANICKER, LATHIKA BHAVAN, VATTIYOORKAVU, THIRUVANANTHAPURAM. Crl.MC.No. 2380 of 2008 - 2 - 8. JEEVAN, AGED 46 YEARS, S/O.ANANDAN, VAYANATTIL HOUSE, VATANAPPALLY VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, POOMTHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2380 of 2008 ---------------------------------------- Dated this the 2nd day of July 2008 O R D E R This petition under Section 482 Cr.P.C is filed to quash a prosecution under Section 57(a) of the Kerala Abkari Act. The alleged incident took place on 21/8/2001. A sample of toddy was drawn from a toddy shop of which petitioners are the licensees/employees. Apprehending action, the petitioners had come before this court and by Annexures D and E orders, interim stay was granted. After completing the investigation, overlooking the interim orders passed, final reports have been filed raising allegations under Section 57(a) of the Kerala Abkari Act. Cognizance has been taken and C.P.No.138/2002 has been registered. The petitioners have now come before this court with two grievances. First of all it is contended that the final report has been filed in violation of Annexure E order. Secondly it is contended that in the light of the decision in Unni v. State of Kerala [2007(1) KLT 151] no prosecution against the petitioners can successfully lie on the relevant date. The relevant rule which has allegedly violated has been struck down as per the decision in Unni (Supra). Crl.M.C.No.2380/08 2 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor fairly concedes that in the light of the decision in Unni (Supra) this prosecution cannot lie. I am not in these circumstances going into the impropriety of filing the final report while the interim orders were in force. No action has so far been initiated in contempt so far, it is conceded. 3. In the result, a) This Crl.M.C is in these circumstances allowed as agreed. b) C.P.No.138/2002 pending before the learned J.F.C.M- II, Thiruvananthapurm against the petitioners is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.2380/08 3 Crl.M.C.No.2380/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007