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1992 Supreme(Ker) 267

K.T.THOMAS, P.A.MOHAMMAD
Prabhakaran – Appellant
Versus
Excise Circle Inspector, Wadakkancherry – Respondent


Judgment :-

THOMAS, J.

Four learned Judges of this Court, while sitting single on different occasions, have spoken in different terms on a common subject - whether an order framing charge in a criminal case is an interlocutory order or not. All the four learned Judges have, to bolster up their respective points of view, relied on the Supreme Court decision in V. C. Sukla v. State, AIR 1980 SC 962 : (1980 Cri LJ 690). It was Janki Amma, J. who first said in Jayaprakash v. State, 1981 KLT 100 : (1981 Cri LJ 460) that framing charge is only an interlocutory order and hence no revision under S. 397(2) of the Criminal P.C., 1973 (for short 'the Code') would lie. Learned single Judge quoted from the decision in V. C. Sukla's case in support thereof. But, Chandrasekhara Menon, J. in Abdullakutty Haji v. Additional Judicial Ist Class Magistrate, 1982 KLT 861, dissented from Janki Amma, J. and took the view that a revision is entertainable as the order framing charge is not an interlocutory order. Learned Judge did not find the need to refer the question to a lager bench as the question, according to the learned Judge, was settled by the Supreme Court in V. C. Sukla's case, and observed : "



























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Judicial Analysis

Joy VS State of Kerala - 1993 0 Supreme(Ker) 412: Relied on for the principle that an Excise Circle Inspector (special Squad) was not authorized by the Government to initiate prosecution; cites the case directly in context of fresh proceedings.

K. D. Thankkappan Nair VS B. A. Presanna Kumari - 1995 0 Supreme(Ker) 392: Relied on regarding objection against framing charges; notes a Division Bench considered revisability of charge-framing orders in Prabhakaran v. Excise Circle Inspector.

Vikraman VS State of Kerala - 2006 0 Supreme(Ker) 762: Explicitly relied on as precedent (listed as "1. 1992 (2) KLT 860 - Prabhakaran v. Excise Circle Inspector"); distinguished on facts where Excise Inspector had 21 years experience and tested samples, but affirms general rule about authorization (only Sub Inspector of Police notified as "Abkari Officers").

Subrahmaniya VS State of Kerala - 2010 0 Supreme(Ker) 145: Cited and quoted directly ("it is held:"), with learned Public Prosecutor ascertaining information post-reference; notes relevance in Division Bench decision.

State Of Kerala VS Sreeram Venkittaraman, S/o Venkittaraman - 2023 0 Supreme(Ker) 242: Relied upon by raising objection on non-revisability of the impugned order ("raised an objection regarding the non-revisability... by relying upon the decision in Prabhakaran").

STATE OF KERALA vs SREERAM VENKITTARAMAN - 2023 Supreme(Online)(KER) 33262: Addressed issue of non-revisability concerning discharge orders, directly referencing "v Excise Circle Inspector [Prabhakaran" as authority.

Vikraman VS State of Kerala - 2006 0 Supreme(Ker) 762: Distinguished on specific facts (experienced Excise Inspector tested samples himself and was of rank equivalent to Sub Inspector), while citing the case as general precedent; specific language: "But where the Excise Inspector who had put in 21 years... who alone have been notified as 'Abkari Officers'".

State of Kerala VS Manoharan - 1998 0 Supreme(Ker) 611: Does not directly treat the case; instead, states Excise Inspector had no authority to file NDPS complaint, referencing Prabhakaran indirectly via context but focusing on a separate authority issue under NDPS Act.

State of Kerala VS Balakrishnan - 1991 0 Supreme(Ker) 452: Does not reference or treat Prabhakaran or 1992 (2) KLT 860; establishes distinct principle on Sessions Court's competence under NDPS/Abkari Acts and mandatory S.202(2) enquiry.

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