IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 Crl.MC.No. 2145 of 2008() ------------------------- CP.12/2008 of JUDL.MAGISTRATE OF FIRST CLASS, AMABALAPUZHA CRIME NO.425/07 OF AMBALAPUZHA POLICE STATION .................... PETITIONER: 2ND ACCUSED ----------------------- SAJU, S/O.SHIVADAS, AGED 35 YEARS ETTUVELASSERI VEEDU, WARD NO.11, PURAKKADU PACHAYATH BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY P.P. SRI. K.C. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2145 of 2008 ------------------------------------------------- Dated this the 6th day of June, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable under Secs.55(a) and (i) and Sec.15(c) of the Kerala Abkari Act. 2. According to the petitioner, as against him, even if the entire allegations are accepted, there is (and he is bound to answer) only a charge under Sec.15(c) of the Abkari Act. Even if the entire allegations were accepted, the petitioner cannot be called upon to answer a charge under Sec.55(a) or Sec.55(i) of the Abkari Act. Prima facie I find force in this contention. I am satisfied that the petitioner must be given an opportunity to make his submission before the learned Magistrate that the Crl.M.C. No.2145 of 2008 -: 2 :- case against him is not liable to be committed to the Court of Session. The learned counsel for the petitioner submits that the petitioner wants to plead guilty to the charge under Sec.15(c) of the Abkari Act and, in these circumstances, he may not be compelled to stand the undeserved trauma and agony of committal to the Court of Sessions and trial there. Inasmuch as the petitioner is willing to plead guilty under Sec.15(c) of the Abkari Act, the learned Magistrate may be directed to consider whether the petitioner's case deserves to be committed even accepting the entire allegations. 3. I find merit in the said prayer of the learned counsel for the petitioner. Direction is issued to the learned Magistrate that it must be considered whether on the allegations raised the petitioner deserves to stand for trial for any offence other than the one punishable under Sec.15(c) of the Abklari Act. A decision to that effect shall be taken and a reasoned order shall be passed in case the learned Magistrate chooses to commit the Crl.M.C. No.2145 of 2008 -: 3 :- case to the Court of Session. Needless to say, the petitioner's right to challenge the committal order if that be necessary shall remain. 4. This Crl.M.C. is, in these circumstances, dismissed with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge