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2001 Supreme(Ker) 90

N.KRISHNAN NAIR
Anand Mohan – Appellant
Versus
Additional Sub Inspector of Police – Respondent


Judgment :-

N. Krishnan Nair, J.

This is a petition filed under S.482 of the Code of Criminal Procedure to quash Annexures 1 and 2 and all further proceedings pursuant to the same in C.P. No. 130/2000 on the file of the Judicial First Class Magistrate, Thiruvalla. The petitioner is accused in C.P. No. 130/2000 on the file of the Judicial First Class Magistrate, Thiruvalla. The petitioner is alleged to have committed the offence punishable under S.55(a), (i) and (h) of the Abkari Act. The allegation is that on 23.12.1998 the police seized 30 litres of spirit from the house of the petitioner.

2. The Circle Inspector of Police, Thiruvalla, conducted the investigation in the case. Subsequently the Additional Sub Inspector of Police, Thiruvalla, submitted a charge sheet before the Court. Since the charge sheet was not accompanied by the chemical examination report the learned Magistrate returned the charge sheet. The Additional Sub Inspector resubmitted the charge sheet. On 15.7.2000 the learned Magistrate took cognizance of the offences upon the charge sheet. According to the petitioner, the learned Magistrate has no jurisdiction to take cognizance upon Ext. Al charge sheet since the ret




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