An FIR cannot be quashed when prima facie evidence appears to suggest violation of specific legal provisions, allowing for further investigation.

O R D E R

The petitioner herein, who is arraigned as the sole accused in Crime No. 1231/2012 of Kazhakkuttam Police Station, Thiruvananthapuram, registered for the offence punishable under Section 55 (h ) of the Abkari Act has approached this Court with this petition seeking exercise of the inherent power conferred under Section 482 of Cr.P.C to quash the FIR registered against him .

2. Heard the learned counsel for the petitioner as well the learned Public Prosecutor and perused the record.

3. The relevant facts that emerge from the record in nutshell are as follows: The petitioner is the Director of an event management by name 'Black Magic Productions Pvt.

CRMC 6479/2013 2 Ltd'. The concern is mainly engaged with the business of conducting mega stage shows, event management, and other stage shows organized by various parties including the Government Departments. The petitioner had agreed to conduct a mega event night by name' Dreams 2013' at Al Saj Convention Centre, Kazhakuttam from 7 p.m on 31^st December 2013. Advertisements were published and tickets were sold for conducting the event. But on 19.12.2016 a crime was registered against this petitioner on a complaint by one Abdul Sathar alleging that tickets were sold advertising that there will be sale of liquor in the music event at Al-Saj Convention Centre. Thus crime was registered against him under section 55(h) of the Abkari Act .

4. The definite contention raised by the learned counsel for the petitioner is that the advertisement was only to conduct a mega event in the night of 31^st December 2012 and the programme scheduled was only variety CRMC 6479/2013 3 entertainments viz mimicry, ganamela etc. proposed to be performed by various celebrities. There was absolutely no indication in the advertisement or in the tickets sold by him that liquor will be available/sold in the venue or there will be supply of liquor free of cost during the event. So also no liquor was stored for sale and hence no offence has been committed by him so as to register a crime and to investigate it. It is further contended by him that with an intention to harass him such a case had been registered resulting cancellation of the programme and he had to refund the amount collected by him as the value of the tickets for the event causing huge financial loss. As no offence to attract section 55(h) of the Abkari Act had been committed by him, the FIR registered against him is only an abuse of process of law and, therefore, liable to be quashed, is the stand taken by the learned counsel for the petitioner.

CRMC 6479/2013 4

5. Per contra, the learned Public Prosecutor has vehemently opposed the application and contended that in all DJ parties liquor will be supplied and the advertisement published by the petitioner would indicate that there will be supply of liquor either for sale or free of cost and hence all the essential and necessary ingredients to constitute an offence under section 55 (h)of the Abkari Act are there and hence the FIR registered against him is not liable to be quashed and in fact the investigation has to be proceeded with by setting aside the order of stay passed against the prosecution and he has to face the trial.

6. The legal position is well settled that the inherent powers do not confer an arbitrary jurisdiction under Section 482 CrPC; in fact the distinct and different statutory power has to be exercised judiciously and sparingly with caution and only when the court is satisfied and fully convinced, taking into consideration of the special facts that 'no useful CRMC 6479/2013 5 purpose' will be served if the prosecution continue with the investigation, quash the proceeding at the initial stage. This power of the court has to be exercised with caution to secure the ends justice as well to prevent abuse of the process of any court. While exercising the powers vested on the court under this provision no doubt a minimum scrutiny is not sufficient but all the glaring facts and circ