IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 5TH FEBRUARY 2007 / 16TH MAGHA 1928 Crl.MC.No. 2877 of 2006() ------------------------- CC.642/2001 of JUDL.MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY .................... PETITIONER: ACCUSED 11 AND 30 ------------------------------ 1. SANKARAN NAIR, S/O. ACHUTHAN NAIR, EDAYILA VEETTIL, PADA THEKKUM MURI, KARUNAGAPPALLY. 2. LALJI, S/O. SADASIVAN, PUNNAMOOTTIL, AZHEEKKAL THARAYIL, ALAPPAD VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: STATE ------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.2877 of 2006 ------------------------------------- Dated this the 5th day of February, 2007 ORDER The petitioners are accused 11 and 30 in a prosecution initiated under Sections 15(c) and 56(b) & (e) of the Kerala Abkari Act. Altogether there are 38 accused persons. The allegations raised is that in a foreign liquor shop, of which the 1st accused is the licencee, which is run under the supervision of the 3rd accused run by the 2nd accused, with the knowledge of accused 1 to 3, accused 4 to 9 had served liquor to accused 10 to 38. 2. The learned counsel for the petitioners contends that as against the petitioners, there can be no question of any allegation being raised under Section 56 of the Kerala Abkari Act. The allegation against them can only be under Section 15(c) of the Act even if the entire allegations were accepted. 3. The learned Public Prosecutor on instructions submits that though the final report is filed against 38 accused persons under Section 15(c) and 56(b) & (e) of the Kerala Abkari Act, the State does not press any charge other than the charge under Section 15(c) of the Kerala Abkari Act against the petitioners herein. As against accused 10 to 38, the only allegation which the prosecution wants to raise is the one under Section 15(c) of the Kerala Abkari Act. Crl.M.C.No.2877 of 2006 2 4. The said clarification by the learned Public Prosecutor is accepted. It is made clear that the petitioners do not have to answer any allegations under Section 56 of the Kerala Abkari Act. Proceedings against the petitioners cannot be quashed obviously as there is an allegation raised under Section 15(c) of the Kerala Abkari Act against them. 5. This Crl.M.C is, in these circumstances, dismissed. But it is made clear that the petitioners need answer only the charge under Section 15(c) of the Kerala Abkari Act. (R.BASANT, JUDGE) rtr/- Crl.M.C.No.2877 of 2006 3