IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.MC.No. 3031 of 2010() ------------------------- CP.27/2010 of JUDL.FIRST CLASS MAGISTRATE COURT,SOUTH PARAVOOR, KOLLAM DISTRICT. .................... (CRIME NO.375/2002 OF CHATHANNOOR POLICE STATION) PETITIONER(S): ACCUSED: ---------------------------------------- R.SUNILKUMAR, S/O.RAVEENDRAN, POIKAYIL HOUSE, CHIRAKKARA VILLAGE, CHATHANNOOR, KOLLAM DISTRICT. BY ADVS. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY, SRI.ANOOP.V.NAIR. RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM-691 572. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3031 of 2010 = = = = = = = = = = = = = = Dated this the 11 th day of August, 2010 ORDER Petitioner, who is the sole accused in Crime No.375/2002 of Chathannoor Police Station for an offence punishable under Section 55(a) of the Abkari Act and now pending before the J.F.C.M, Paravur, Kollam as C.P.No.27/2010, seeks to quash the proceedings on the ground that the report of the Chemical analysis has not been filed along with the final report and that such report is not yet received before the committal court. 2. The non-filing of the chemical report along with the final report cannot be a ground to quash the proceedings. The letter dated 5/8/2010 from the committal Magistrate shows that the chemical report is awaited. In case a chemical report is hereafter received by the Magistrate and said report completely demolishes the prosecution case, this order will not stand in the way of the petitioner challenging the proceedings based on the said report. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 11 th day of August, 2010. V. RAMKUMAR, JUDGE sj