IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.MC.No. 3892 of 2011() ------------------------------------- (CR.NO.2065/2011 OF CHALAKUDY POLICE STATION,THRISSUR DISTRICT) ...... PETITIONER(S): ACCUSED: ----------------------------------------- 1. AJAYAN, S/O. VELAYUDHAN, PULIYAKOTTUPARAMBIL HOUSE, ALATHUR VILLAGE, MELADOOR DESOM, THRISSUR DIST. 2. PRADEEP, S/O. BALAN, PALLIYIL HOUSE, NANDIPULAM VILLAGE AND DESOM, THRISSUR DIST. 3. PRASAD, S/O. DASAN, THALIYADAPADATH HOUSE, PARAVURTHARA DESOM, PARAVUR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, THRISSR DISTRICT-680 307. R1 & R2 BY PUBLIC PROSECUTOR SMT. S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3892/2011 APPENDIX PETITIONER'S ANNEXURES: ANX.I TRUE COPY OF THE RENT DEED DATED 07-11-2011. ANX.II TRUE COPY OF THE CONSENT LETTER ISSUED BEFORE THE EXCISE CIRCLE INSPECTOR, IRINJALAKUDA. ANX.III TRUE COPY OF THE REQUEST DATED 09-11-2011. BEFORE THE EXCISE CIRCLE INSPECTOR IRINJALAKUDA. ANX.IV TRUE COPY OF THE FIR IN CR. NO.2065/2011 OF CHALAKKUDY POLICE STATION. ANX.V TRUE COPY OF THE JUDGMENT REPORTED IN 2011(1) KLT 614. ANX.VI TRUE COPY OF THE ORDER DATED 11-11-2011 OF THE MAGISTRATE COURT CHALAKUDY IN CRL. M.P. NO.15415/2011. RESPONDENTS' ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3892 of 2011 ----------------------------------- Dated this the 3rd day of December 2011 O R D E R Heard learned counsel for the petitioners and the learned Public Prosecutor. 2. It is submitted by the learned Public Prosecutor that at the time of detection, the licence was not shown and so crime was registered under Sec.55(a) of the Abkari Act also. Subsequently, the licence was produced by the licensee. Petitioners are stated to be only workers under the licensee. According to the petitioners, if there was violation of permit, the offence would lie only under Sec.56(b) of the Abkari Act. That is not disputed by the prosecution also. 3. In the light of what is stated above, the Investigating Officer will proceed against the petitioners only under Sec.56(b) of the Abkari Act and not under Crl.M.C. No.3892 of 2011 -: 2 :- Sec.55(a) of the Act. The final report, in the light of the submission made by the learned Public Prosecutor, would be filed only under Sec.56(b) of the Act. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt