IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Crl.MC.No. 2170 of 2009(A) ------------------------------------ CRIME NO.8/09 OF EXCISE RANGE, NEYYATTINKARA PETITIONER(S): ----------------------- SANTHOSH KUMAR, S/O. FRANCIS, AGED 38, PERINGOTTUKONAM MEKKARAPUTHEN VEEDU, KOTTUKAL VILLAGE, AVANAKUZHI. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): ------------------------ THE EXCISE CIRCLE INSPECTOR, NEYYATTINKARA EXCISE RANGE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2170 OF 2009 =========================== Dated this the 23rd day of July,2009 ORDER This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure A F.I.R as against the petitioner contending that petitioner is innocent and he has no criminal antecedents and he was implicated on a mistaken identity and therefore it is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The case was registered for the offence under section 55(a) and 67B of Abkari Act. The mahazar attached to Annexure A F.I.R shows that on the date of seizure a person was found running from the vehicle and on inquiry it is found that it is the petitioner. In the light of Annexure A mahazar petitioner is not entitled to get the F.I.R quashed as against him. The question whether it is the petitioner who ran away from the vehicle is a matter to be investigated and to be decided at the time of trial. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006