IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Crl.MC.No. 2096 of 2008() ------------------------- CRIME NO.105/08 OF EAST KALLAD POLICE STATION, KOLLAM PETITIONER: PETITIONER/ACCUSED ------------------------------ DASAPUTHRAN, AGED 40 YEARS, S/O. KUTTAPPAN, KOCHUTHOPPIL HOUSE, THRIKKARUVA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION, KOLLAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2096 of 2008 ------------------------------------- Dated this the 13th day of June, 2008 ORDER Petitioner has come to this Court with this application under Section 482 Cr.P.C complaining about the premature registration of Crime No.105 of 2008 of East Kallada Police Station, Kollam. The said crime has been registered on the basis of an alleged recovery of toddy which is allegedly not genuine seized from a toddy shop of which the petitioner is the licencee. It is further alleged that similar allegedly not genuine toddy was recovered from a vehicle parked near (100 metre away from) the toddy shop. 2. The learned counsel for the petitioner submits that the registration of the crime is in gross violation of the specific provisions of Rule 8(3) of the Kerala Abkari Shops Disposal Rules, 2002. The premature registration of a crime exposes the petitioner to adverse actions like suspension, cancellation of licence etc. The petitioner is likely to be visited with undeserved adverse consequences because of such premature registration of the crime. Toddy has now been sent to the expert for report. The Crl.M.C. No.2096 of 2008 2 report has not been received. Awaiting such report, it is not proper to speculate that the report will be adverse to the petitioner and register a crime. Till such adverse report, if any, is received from the expert, no crime should have been registered. At any rate, no further action may be permitted on such crime already registered. The petitioner may not be exposed to unwholesome consequences as a result of such registration of the crime, it is submitted. 3. The learned Public Prosecutor after taking instructions submits that no action will be taken against the petitioner before the report of chemical examination is received from the Forensic Science Laboratory. The learned Public Prosecutor further undertakes that no adverse consequences whatsoever will take place or be initiated against the petitioner until such report is received and unless such report justifies such action. 4. I accept the submissions of the learned Public Prosecutor. The stand taken by the prosecution does appear to me to be fair. It is made clear that notwithstanding the registration of Crime No.105 of 2008, no further proceedings shall be taken in that crime and the petitioner shall not be visited with any adverse consequences on the basis of the registration of such Crl.M.C. No.2096 of 2008 3 crime till the report of chemical examination of the toddy seized is obtained. 5. This Crl.M.C is accordingly allowed to the above extent as agreed. (R.BASANT, JUDGE) rtr/-