IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2152 of 2010() ------------------------- CP.44/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... PETITIONER(S): -------------------------- MANIYAN, S/O.KRISHNANKUTTY, KUKKU SADANAM,INCHAPPURI, ARYANADU,NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU SRI.K.S.PRAVEEN RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2152 of 2010 = = = = = = = = = = = = = = Dated this the 18 th day of June, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.136/2009 of Vilappilsala Police Station, for an offence punishable under Section 55(a) of the Abkari Act and whose case was split up from C.P.No.282/2003 and refiled as C.P.No.44/2008 on the file of the J.F.C.M , Kattakada, seeks to quash final report and further proceedings. 2. It is too early for this Court to consider whether the case against the petitioner is false or that the petitioner is falsely implicated in the case. The remedy of the petitioner is to plead for a discharge as and when C.P.No.44/2008 is committed to the court of Session. This Crl.M.C is accordingly disposed of without prejudice to the right of the petitioner to plead for a discharge when the matter comes before the Sessions Court for preliminary hearing under Section 227 Cr.P.C. Dated this the 18th day of June, 2010. V. RAMKUMAR, JUDGE sj