IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.MC.No. 813 of 2010() ------------------------ CC.72/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, SULTHANBATHERY .................... PETITIONER(S): ACCUSED NO.1 TO 3 -------------------------------- 1. A.C.JOSEPH, AGED 63 YEARS,S/O.CHACKO, AMATHATT HOUSE,, MAJANDA, PADICHIRA. 2. RAJU JOSEPH, AGED 32 YEARS, S/O.JOSEPH,EDACHERI HOUSE,CHITTARIKKAL,KASARAGODE. 3. ARUN.T.S, AGED 20 YEARS,S/O.SAJEEVAN, THOTTAPPURATH, VENMANY, MANANTHAVADI. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, PULPALLY POLICE STATION,PULPALLY, WAYANAD DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.813 OF 2010 -------------------------------------- Dated this the 1st day of June, 2010 ORDER Heard both sides. Petitioners, who are accused Nos.1 to 3 in C.C.No.72/2008 on the file of the Judicial First Class Magistrate Court-II, Sulthanbathery, were as per Annexure C order convicted of an offence punishable under Section 56 (b) of the Abkari Act on their pleading guilty in absentia. Since Annexure C order is not a speaking order, the records were called for. The allegation that was read over to the accused is as follows:- “On inspection at 11.15 A.M on 18.1.2008, the police found that an additional counter was maintained in the bar room and sale of liquor was seen conducted by accused Nos.2 and 3 with the consent of the first accused and that maintenance of the additional counter inside the bar room was in violation of the condition of the license and hence punishable under Section 56(b) of the Abkari Act.” Crl.M.C. No.813 OF 2010 : 2 : 2. In the light of the Annexure E judgment of this court in Crl.M.C.No.2292/2000, it is contended that maintaining an additional counter does not amount to infraction of Section 56 (b) of the Abkari Act. A reading of Annexure C order shows that it is a cryptic and non-speaking order. It does not reflect that the Magistrate had the requisite satisfaction regarding the presence of the ingredients of the offence. It is well settled that if the substance of the accusation read over to the accused does not constitute an offence, then even if the accused has pleaded guilty to the said accusation, it only amounts to an admission of the facts stated in the accusation. 3. Annexure 'C' order dated 28.6.2008 in C.C.No.72/2008 is accordingly set aside and C.C.No.72/2008 shall stand restored to file with a direction to dispose of the same after giving an opportunity of being heard to the both sides. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb