IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 10TH DAY OF OCTOBER 2011/18TH ASWINA 1933 Crl.MC.No. 804 of 2007 -------------------------- (CR NO.5/2007 OF EXCISE RANGE OFFICE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM) PETITIONER(S)/ACCUSED: --------------------- P.SURENDRAN, AGED 50 YEARS, S/O. PONNAYA PILLAI, CHARUVILA PUTHENVEEDU MALAYANKAVU, CHERIYAKOLLA P.O., KUNNATHUKAL VILLAGE NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) COMPLAINANT(S)/COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. PUBLIC PROSECUTOR P.R.JAYAKRISHNAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10-10-2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX PETITIONER'S ANNEXURE: ANNEXURE A : COPY OF THE CRIME AND OCCURRENCE REPORT IN C.R.NO.5/2007 RESPONDENT'S ANNEXURE: NIL //TRUE COPY// P.A TO JUDGE C.T.RAVIKUMAR, J ------------------------------------------------- Crl.M.C. No. 804 of 2007 -------------------------------------------------- Dated this the 10th day of October, 2011 O R D E R Accused No.2 in Crime No.5/2007 of Excise Range Office, Chirayinkeezhu is the petitioner in the above Criminal Miscellaneous Case. The petitioner is a licensee of toddy shops in Chirayinkeezhu Excise Range for the Abkari year 2006-07. This petition has been filed to quash Annexure A complaint to the extent the petitioner has been charged under Section 55(i) of the Abkari Act in the said crime. 2. The prosecution case is that the petitioner has violated the condition in Rule 7(11) of the Kerala Abkari Shops Disposal Rules 2002, by opening the toddy shop and sold toddy on a 'Dry day' viz. on 30.1.2007 and thereby committed offences under Section 55(i) and 56(b) of the Abkari Act. Relying on the decision of the Division Bench of this Court in Mohanan V. State of Kerala (2007(1) KLJ 436) and Crl.M.C.No.648/2009 and also the decision in Rajan & Ors. V. State of Kerala (2010 (3) KLJ 461), it is contended that even if the petitioner had violated the conditions of license or commits the misconduct Crl.M.C. No. 804 of 2007 2 as alleged it may fall only under Section 56(b) of the Abkari Act and not under Section 55 in view of the decisions mentioned above. I do not think it necessary to consider the petitioner's contention on merits in view of the submission made by the learned Public Prosecutor that after the investigation a final report was laid before the Judicial First Class Magistrate Court-I, Attingal and the petitioner has been charged only under Section 56(b) of the Abkari Act. In view of the said submission I do not think that any further orders are called for in this Criminal Miscellaneous Case. In the circumstances recording the above submission made by the learned Public Prosecutor, the Criminal Miscellaneous Case is closed. C.T.RAVIKUMAR JUDGE ab