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. 1243 of 2010 --------------------------------------- CC.174/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONERS/ACCUSED NO 1&2: 1. SHANAVAS,S/O.VELAYUDHAN, KANDAMKULATHY HOUSE, CHETTAKULAM DESOM, CHAZHOOR VILLAGE, THRISSUR DISTRICT. 2. 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.I.B.PRAMOD 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.1243 of 2010 -------------------------- ORDER Petitioners are the accused in C.C.No.174/2009 on the file of Judicial First Class Magistrate's Court-I, Thrissur. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken for the offence under Section 56(b) of Abkari Act on Annexure-B final report contending that running of an additional counter will not amount to an 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 petitioners be permitted to move a petition under Section 258 of Code of Criminal Procedure before the Magistrate and for hearing that application, presence of the petitioners may not be insisted. CRMC 1243/10 2 Petition is disposed granting liberty to the petitioners to raise all the contentions before the learned Magistrate. Magistrate is directed not to insist for the presence of the petitioners for filing a petition under Section 258 of Code of Criminal Procedure or for its hearing. 9th April, 2010 (M.Sasidharan Nambiar, Judge) tkv