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2021 Supreme(Online)(KER) 37186
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 CRL.MC NO. 1269 OF 2021 CRIME NO.12/2021 OF POLICE MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.6:
ABU THAHIR @ ABU AGED 27 YEARS S/O. HAKIM, NALLANKUKKAL HOUSE, KANDALA, MARANALLOOR DESOM, MARANALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT BY ADV V.VENUGOPALAN NAIR RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 THE SUB INSPECTOR OF POLICE, MANRANLLOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 001 BY ADV.SRI.E.C.BINEESH,PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.08.2021 ALONG WITH CRL.M.C.NO. 1817 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 CRL.MC NO. 1817 OF 2021 AGAINST THE ORDER/JUDGMENT IN CMP 47/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KATTAKADA, THIRUVANANTHAPURAM CRIME NO.12/2021 OF POLICE MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.6:
ABU THAHIR @ ABU AGED 27 YEARS S/O. HAKIM, NALLANKUKKAL HOUSE, KANDALA, MARANALLOOR DESOM, MARANALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT BY ADV V.VENUGOPALAN NAIR RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 THE SUB INSPECTOR OF POLICE, MANRANLLOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 001 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.08.2021 ALONG WITH CRL.M.C.NO.1269/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
The crime was registered alleging offence under Section 15(C) and 63 of the Kerala Abkari Act, in connection with consumption of alcohol (Indian Made Foreign Liquor) by the accused persons in an open paddy field. Admittedly, it is not a public place. The vehicle belonged to one of the accused was also seized from his house, that too, without any valid reason (for the reason best known to the Officer who seized the vehicle). Neither Section 15(C) nor Section 63 will stand attracted. Hence, the entire crime and its subsequent proceedings are hereby quashed, being an abuse of process of the court. The vehicle seized shall be released to the party forthwith and there will be a direction to the concerned Magistrate to that effect.
Crl.M.Cs are allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE SPV APPENDIX OF CRL.MC 1269/2021 PETITIONER’S ANNEXURE ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.12/2021 OF MARANELLOOR POLICE STATION DATED 2.1.2021.
ANNEXURE A2 CERTIFIED COPY OF THE MAHAZAR DATED
2.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION.
ANNEXURE A3 CERTIFIED COPY OF THE MAHAZAR DATED
3.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION.
ANNEXURE A4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 14.1.21 BEFORE THE CITY POLICE COMMISSIONER (RURAL), THIRUVANANTHAPURAM.
ANNEXURE A5 COMMUNICATION DTD.12.3.2021 ISSUED BY THE MARANALLOOR VILLAGE OFFICER UNDER THE RI ACT.
ANNEXURE A6 A TRUE COPY OF THE COMMUNICATION BEARING NO.2/RTI/DYSP/KTDA/2021 DATED
24.04.2021 ISSUED BY THE DYSP, KATTAKADA SUB DIVISION, THIRUVANANTHAPURAM RURAL (APPEALLTE AUTHORITY UNDER THE RI ACT) .
ANNEXURE A7 A TRUE COPY OF THE COMMUNICATION BEARING NO.12/PTN/C-BRANCH/2021/T ISSUED BY THE DYSP C-BRANCH, THIRUVANANTHAPURAM RURAL, DATED
06.07.2021.
RESPONDENTS’ EXHIBITS: NIL //TRUE COPY//
PA TO JUDGE APPENDIX OF CRL.MC 1817/2021 PETITIONER’S ANNEXURE ANNEXURE-A1 TRUE COPY OF THE FIR IN CRIME NO
12/2021 OF MARANELLOOR POLICE STATION DTD 2.1.2021 ANNEXURE-A2 TRUE COPY OF THE MAHAZR DTD 2.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION ANNEXURE-A3 TRUE COPY OF THE MAHAZR DTD 3.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION ANNEXURE-A4 CERTIFIED COPY OF THE ORDER IN CMP
47/2021 DTD 8.2.21 OF JFMC , KATTAKKADA RESPONDENTS’ EXHIBITS: NIL //TRUE COPY//
PA TO JUDGE
