IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Crl.MC.No. 4557 of 2008() ----------------------------------- C.R. NO.592008 OF KARUNAGAPPALLY EXCISE RANGE. CP.193/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER(S): ACCUSED NO. 2 TO 9 ----------------------- 1. JANEESH P.S., AGED 27 YEARS, S/O. SADAGOPAN, LATHA NIVAS, CLAPPANA P.O., KARUNAGAPPALLY, KOLLAM DIST. 2. MOHANAN, AGED 53 YEARS, S/O. SAHADEVAN, PARISSERIL HOUSE, ADINAD SOUTH MURI, KARUNAGAPPALLY, KOLLAM DIST. 3. ANANDAN, AGED 48 YEARS, S/O. RAGHAVAN AJI BHAVAN, EDAKKAD P.O., KUNNATHOOR, KOLLAM DIST. 4. RAVEENDRAN, AGED 50 YEARS, S/O. CHALLAPPAN, KALLELI BHAGOM, MEENATHEVADAKKETHIL, KARUNAGAPPALLY, KOLLAM DIST. 5. BINU, AGED 38 YEARS, S/O. RAJAN, SUNIL BHAVAN, KALLELI BHAGAM, KARUNAGAPPALLY, KOLLAM DISTRICT. 6. RAMAKRISHNAN, AGED 58 YEARS, S/O. NANU, RATHEESH BHAVAN, PAVUMBA P.O., KARUNAGAPPALLY, KOLLAM DIST. 7. RAVI, AGED 39 YEARS, S/O. DAMODHARAN, ALUVILAYIL PAVUMBA P.O., KARUNAGAPPALLY, KOLLAM DIST. 8. BHARATHAN, AGED 54 YEARS, S/O. NANU, KALARIKKAL PADEETTATHIL, MANAPPALLY P.O., KARUNAGAPPALLY, KOLLAM DIST. BY ADV. SRI.NIREESH MATHEW CRMC. NO.4557/2008 RESPONDENT(S): COMPLAINANT ------------------------ STATE OF KERALA, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KARUNAGAPPALLY, KOLLAM DIST. REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. D.G.P MR. V.G.GOVINDAN NAIR, FOR RESPONDENT THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2009, ALONG WITH WPC NO.5213 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 4557 OF 2008 & W.P(C) No. 5213 OF 2009 --------------------------------- Dated this the 20th day of February, 2009 O R D E R Crl.M.C. 4557/2008 is filed with a prayer to quash Annexure- D final report to the extent it proceeds against the petitioners 2 to 9 by allowing the above Crl.M.C. W.P.(C) 5213/2009 is filed with a prayer to quash Ext. P2 and to declare that the petitioners will not be affected for disqualifying the renewal of their licences due to the registration of C.R.No. 59/2008 by the 6th respondent. 2. A perusal of the proceedings in Crl.M.C. 4557/2008 and the order of the learned Judge on 5.12.2008 would show that the court was dissatisfied with the nature of the investigation conducted in the matter and there was a direction to the learned Director General of Prosecution to bring the matter to the notice of the Excise Commissioner and a direction was given to file a statement by the investigating officer showing the basis on which CRL.M.C.No. 4557/2008 & W.P(C) No. 5213/2009 -2- such a charge sheet has been filed in the matter. The learned Director General of Prosecutions informed the Excise Commissioner that the statements are filed whereby the Excise Commissioner reported that he was also dissatisfied with the nature of the enquiry and investigation and he is appointing a team of the special officers for conducting proper investigation that too with the permission of the court. Now the said proceeding is pending and investigation is going on. Now the whole thing is that there shall not be indefinite delay in filing the final report for the reason that it may affect the chances of the writ petitioners herein for getting the renewal of the licence. The learned Director General of Prosecution in fairness submits before me that all steps will be taken to complete the investigation at the earliest. Since the matter is pending for final investigation it is sufficient if direction is given to the investigating team to complete the investigation and submit a final report to the court for which the counsel for the petitioner also agrees. I direct the investigating team to complete the investigation and file the final report on or before 10.3.2009. Needless to say if there is any CRL.M.C.No. 4557/2008 & W.P(C) No. 5213/2009 -3- grievance for the petitioners they can choose the appropriate forum to ventilate their grievance in accordance with law. Both the Crl.M.C and W.P.(C) are disposed of accordingly. M.N. KRISHNAN,JUDGE vkm