IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1721 of 2011() ------------------------------------- CRIME NO.222/2011 OF KANJAR POLICE STATION, IDUKKI DISTRICT. ............... PETITIONERS/ACCUSED NOS.2 & 3 ---------------------------------------------------- 1. M.M. BENNY, AGED 43 YEARS, S/O.MATHAI, MAVARA HOUSE, POONJOLA. P.O., MANNARKKAD, PALAKKAD DISTRICT. 2. N.V. VARKEY, AGED 75 YEARS, S/O.VARKEY, NIRAPPEL HOUSE, VELLIYAMATTOM. P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KANJAR POLICE STATION, THODUPUZHA, IDUKKI DISTRICT, 685 584. 2. THE DEPUTY COMMISSIONER OF EXCISE, IDUKKI, OFFICE AT THODUPUZHA, 685 584. 3. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695 001. (ALL REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM). 4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R4 BY PUBLIC PROSECUTOR MR.JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1721 of 2011 ==================================== Dated this the 10th day of June, 2011 O R D E R Petitioners are accused 2 and 3 in Crime No.222 of 2011 of Kanjar Police Station. That case was originally registered for offences punishable under Section 13A and 55(i) of the Abkari Act (for short, “the Act”). Later as per Annexure-B, report dated 16.04.2011, Sec.55 (i) was deleted and Sec.56(b) was added. By Annexure-C, report petitioners were implicated as accused 2 and 3. Petitioners filed Annexure-D, representation before the appropriate Officer requesting to compound the offence under Sec.67A(1) of the Act. Grievance of petitioners is that no action is taken on the said petition. Hence it is prayed that the appropriate authority may be directed to dispose of Annexure-D, petition. I have heard learned Public Prosecutor. 2. It is for the appropriate authority empowered under Sec.67A of the Act to decide whether the offence is to be compounded or not. However, if Annexure-D, petition has not so far been disposed of, it is required be disposed of expeditiously. CRL.M.C. No.1721 of 2011 -: 2 :- Resultantly, Criminal Miscellaneous Case is allowed. The appropriate authority under Sec.67A of the Act to whom Annexure-D, petition is given is directed to dispose of the said petition as early as possible (if it is not already disposed of) as provided under law. THOMAS P. JOSEPH, JUDGE. vsv