IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Crl.MC.No. 1036 of 2008() ----------------------------- CRIME NO. 396/2007 of BEKAL POLICE STATION PETITIONER: ACCUSED -------------------------- ABOOBACKER HAJI, HAMRIYA HOUSE, HOSDURG TALUK, KASARGOD. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT ---------------------------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, KASARGOD. BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 1036 of 2008 ========================== Dated this the 26th day of March, 2008. O R D E R Petitioner, Shri. Aboobacker Haji, who is the 1st accused in Crime No. 396 of 2007 of Bekal Police Station for an offence punishable under Section 55(a) of the Abkari Act, seeks to quash Annexure-II FIR and all further proceedings so far as they relate to the petitioner. 2. It is too early to consider the contentions of the petitioner at this stage since the case is still at the crime stage. Even assuming that the petitioner is not the owner of the house in question, that may not be relevant if the investigation reveals that he was found in possession of the contraband spirit as well as arrack. This petition cannot be entertained at this stage of the investigation as the petitioner has not been charge sheeted yet by the police and the concerned Magistrate has not taken cognizance of any of the offences so far. This Crl.M.C is accordingly dismissed without prejudice to the right of the petitioner to seek appropriate reliefs at the appropriate stage. V. RAMKUMAR, JUDGE. rv