IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1028 of 2010() ------------------------- CP.82/2009 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER(S)/ACCUSED :- ------------------------------------- ANDREYOS @ ANDREWS,S/O.CHANDY, MANIMALA THARATHIL HOUSE, PEECHI, THRISSUR. BY ADV. MR.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT/COMPLAINANT :- -------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE,PEECHI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 1028 of 2010 -------------------------------------- Dated this the 25th day of May, 2010 ORDER Petitioner seeks to quash Annexure B final report in Crime No.320/2009 of Peechi Police Station registered for offences punishable under section 55(a) (i) of the Abkari Act. According to the prosecution, on 15.7.2009 at 10.45 a.m, the accused was found in possession of 4.975 liters of IMFL in bottles of various capacity. 2. It is too early for this court to hold that the petitioner is not the accused, initially shown as “Jose @ Appachan @ Akashavani”. According to the Public Prosecutor, the above names are also names of the petitioner. The matter is now pending before the Judicial First Class Magistrate Court-III, Thrissur as C.P.No.82/2009. The proper course available to the petitioner is to plead for a discharge before the Sessions court after committal of the C.P.No.82/2009. Accordingly, this Criminal M.C is disposed of permitting Crl.M.C. No.1028 of 2010 : 2 : the petitioner to plead for a discharge before the court of Sessions after committal of the C.P.No.82/2009 by the Judicial First Class Magistrate Court-III, Thrissur. V.RAMKUMAR, JUDGE dmb Crl.M.C. No.1028 of 2010 : 3 :