IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 3803 of 2010(A) ------------------------- PETITIONER(S): --------------- 1. GEORGE JOSEPH,AGED 47 YEARS,S/O.JOSEPH, CHOORAKKATTU HOUSE,KANCHIYAR KARA,KATTAPPANA VILLAG,UDUMBANCHOLA TALUK,IDUKKI DISTRICT. 2. JOMON,S/O.JOHNY,ARIMALIYIL HOUSE, CHELACHUVADU KARA,KANJIKUZHI VILLAGE,THODUPUZHA TALUK,IDUKKI DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. THE EXCISE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF EXCISE, IDUKKI.(OFFICE AT THODUPUZHA). 3. THE EXCISE INSPECTOR,EXCISE RANGE OFFICE KATTAPPANA,IDUKKI DISTRICT. BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.3803 OF 2010 (A) -------------------------------------------------- Dated this the 16th day of February, 2010 J U D G M E N T Petitioners are two of the accused in C.R.No.67/2007, in respect of which CC.No.88/2009, is now pending before the Judicial First Class Court, Kattappana. Petitioners submitted Exts.P2 and P3 applications to the first respondent requesting for compounding of the offence against them under Section 67(1) of the Abkari Act. Request was considered and rejected by Ext.P5. 2. Two reasons are stated in Ext.P5. One is that all accused have not applied for compounding and the other is that case is already charge sheeted and therefore only with the leave of the court compounding can be considered. 3. In so far as the first objection raised is concerned, counsel for the petitioners submit that all accused are willing to make application for compounding and therefore the request need be considered only if the first respondent receives applications from the remaining accused also. WPC.No. 3803/2010 :2 : 4. In so far as the 2nd objection raised that since the case has been charge sheeted compounding is possible only with the permission of the court, counsel for the petitioner invites my attention to Ext.P6 judgment rendered by this court in OP.No.7316/1998 in identical circumstances. In this judgment it was clarified that it will be open to the Excise Commissioner to compound the offence and further directed the Criminal Court to keep the proceedings in abeyance for the report of the Commissioner. 5. Having regard to the directions issued in Ext.P6 judgment and as the facts of the case are similar in all respects, I see no reason why a different stand should be adopted in this case. Having regard to the above, I dispose of this writ petition with the following directions. First respondent shall consider Exts.P2 and P3 provided the other accused in CR.No.67/2007 also make their request for compounding the offence against them, in CR.No.67/2007. It is directed that the Judicial First Class Magistrate Court, Kattapana before which CC.No.88/2009 is pending will defer further WPC.No. 3803/2010 :3 : proceedings in the case by 3 months awaiting decision of the first respondent on the compounding application which are directed to be considered as above. It is directed that once orders are passed on the compounding application, a report shall be made to the Criminal Court, which shall act upon the report and pass appropriate orders in the matter. vi (ANTONY DOMINIC) JUDGE