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2009 Supreme(Ker) 501

M.SASIDHARAN NAMBIAR
Dinesan – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioners:M.G. Karthikeyan, Advocate. For the Respondents: ---

Judgment :

Petitioner is the first accused in Crime No. 321/2008 of Chingavanam Police Station, which is taken cognizance as C.C.No.820/2008 on the file of Judicial First Class Magistrate's Court, Changanassery. Annexure-A final report shows that prosecution case as against nine accused is that on 17.8.2008, Accused Nos.2 to 9 were found sitting in Karibinkala Family Restaurant consuming liquor and petitioner/first accused was working as Supervisor there and they thereby committed offences under Sections 15C and 64A of the Abkari Act. This petition is filed under Section 482 of Code of Criminal Procedure contending that even if the case as alleged in Annexure-A FIR and final report is accepted, it will not make out an offence either under Section 15C or under Section 64A of the Abkari Act and therefore, continuation of the proceedings as against the petitioner is only an abuse of the process of court and it would disentitle the petitioner from participating in the auction and in getting renewal of the licence issued under the Abkari Act.

2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

3. Section 15C of Abkari Act provides that no person shal




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