The court affirmed that procedural matters, such as filing a discharge petition, must be addressed by the trial court in criminal proceedings under the Abkari Act.

ORDER

This Criminal Miscellaneous Case is filed to quash Annexure-A16 FIR and Annexure-A18 final report in Crime No.674/2020 of Sooranadu Police Station. Annexure-A18 final report is filed alleging offences punishable under Sections 8 (1)

and 8(2) of the Abkari Act .

2. The prosecution case is that the petitioner was found in possession of arrack and he was trying to sell the prohibited arrack.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that even if the entire allegations are accepted, no offence under Sections 8 (1) and 8(2) is made out. The counsel takes me through different contentions raised in this criminal miscellaneous case. The Public Prosecutor opposed the submission and submitted that it is a matter of evidence and the petitioner has to agitate the same before the trial court.

5. This Court has considered the contentions of the petitioner and the Public Prosecutor. I do not want to make any observation about the merit of the case. I am of the considered opinion that these are matters to be considered by the trial Court at appropriate stage. If the charge is not framed, the petitioner can file a discharge petition narrating the grievance raised in this criminal miscellaneous case and if such a discharge petition is received, the trial court will consider the same and pass appropriate orders.

Therefore, this Criminal Miscellaneous Case is disposed of in the following manner:

1. The petitioner is free to submit a discharge petition before the jurisdictional court (if charge is not framed as on today).

2. If such a discharge petition is received, the jurisdictional court will consider the same and pass appropriate orders in it.

sd/-

P.V.KUNHIKRISHNAN JUDGE JV APPENDIX OF CRL.MC 6512/2021 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE PERMIT DATED 22.07.2017 ISSUED UNDER THE KERALA POLICE (REGULATION OF PHYSICAL TRAINING) RULE

2000 IN FAVOUR OF THE PETITIONER.

Annexure A2 TRUE COPY OF THE PERMITS DATED

26.07.2019, ISSUED UNDER THE KERALA POLICE (REGULATION OF PHYSICAL TRAINING)

RULE 2000 IN FAVOUR OF THE PETITIONER.

Annexure A3 TRUE COPY OF THE REGISTRATION CERITICATE DATED 04.08.2021 IN FAVOUR OF THE PETITIONER TO CONDUCT BRAVO PSC COACHING CENTRE ISSUED BY THE SOORANADU NORTH GRAMA PANCHAYAT.

Annexure A4 TRUE COPY OF THE FIT INDIA CERTIFICATE OF RECOGNITION ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF YOUTH AFFAIRS AND SPORTS IN FAVOUR OF PETITIONERS'

INSTITUTION BRAVO FITNESS.

Annexure A5 TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE AMERICAN HEART ASSOCIATION IN FAVOUR OF THE PETITIONER.

Annexure A6 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE PETITIONER BY THE ULTIMATE ACADEMY OF COMBAT AND TACTICS.

Annexure A7 TRUE COPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE CONTROLLER OF EXAMINATIONS OF TAMIL NADU, PHYSICAL EDUCATION AND SPORTS UNIVERSITY, CHENNAI TACTICS.

Annexure A8 TRUE COPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE ASST. REGISTRAR OF EXAMINATIONS, ANNAMALAI UNIVERSITY IN FAVOUR OF THE PETITIONER.

Annexure A9 TRUE COPY OF THE CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER BY THE DIRECTOR OF PATHANJALI PRANAYOGA VIDYAPEEDOM.

Annexure A10 TRUE COPY OF THE CERTIFICATE ISSUED BY ADVANCE LEARNING INTERACTIVE SYSTEM ONLINE BY NAME ALISON.

Annexure A11 TRUE COPY OF THE DIPLOMA CERTIFICATE IN YOGA THERAPY ISSUED BY ACUPRESSURE RESEARCH, TRAINING AND TREATMENT INSTITUTE, RAJASTHAN.

Annexure A12 TRUE COPY OF THE MONEY LENDING LICENSE NO. 32020462653 DATED 16.07.2019 ISSUED IN FAVOUR OF THE PETITIONER BY THE COMMERCIAL TAXES DEPARTMENT, GOVERNMENT OF KERALA.

Annexure A13 TRUE COPY OF THE CERTIFICATE OF MARRIAGE OF THE PETITIONER AND HIS WIFE SAJITHA A ISSUED BY MARRIAGE OFFICER, ADOOR.

Annexure A14 TRUE COPY OF THE RECEIPT BEARING PETITION NO. 128046/2019 DATED 07.09.2019 ISSUED FROM THE SOORANADU POLICE STATION ALONG WITH THE SETTLEMENT DATED 07.09.2019.

Annexure A15 TRUE COPY OF THE NEWS ITEM PUBLISHED IN DESHABHIMANI DAILY