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2019 Supreme(Ker) 689

MARY JOSEPH
Rajendran Pillai, S/o. Ramachandran Pillai – Appellant
Versus
State Represented By The Station House Officer – Respondent


Advocates Appeared:
For the Appellant : Sri. B.Mohanlal, Smt.P.S.Preetha
For the Respondent: Sri.C.K.Prasad, Public Prosecutor

ORDER :

1. Petitioners who are accused in crime No.265 of 2019 have approached this Court seeking the following relief:-

“......to quash Annexure-A1 and A5 FIR and Final Report in Crime No:265/2019 of Kunnicode Police Station in Kollam District pending as S.T.No:1794/2019 on the files of the Judicial First Class Magistrate Court-III, Punalur as against the Petitioners.”

2. Against the petitioners, crime No.265 of 2019 was registered by Kunnicode Police Station alleging commission of offences punishable under Section 15C read with Section 63 of the Kerala Abkari Act (for short 'the Act'). Investigation was conducted in the crime and a final report was prepared and laid before the Judicial First Class Magistrate Court III, Punalur, which was taken on file by the court as S.T.No.1794 of 2019.

3. The contention of Sri.B.Mohan Lal, the learned counsel for the petitioners was that the prosecution proposed to rely on a Certificate of Drunkenness obtained from a medical practitioner associated with Taluk Headquarters Hospital, Punalur, the certified copy of which is appended to this petition as Annexure-A5 to establish it's case. The learned counsel has drawn the attention of this Court to ent

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