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2018 Supreme(Online)(KER) 48843
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY ,THE 01ST DAY OF OCTOBER 2018 / 9TH ASWINA, 1940
Crl.MC.No. 860 of 2018
AGAINST THE ORDER/JUDGMENT IN MC 98/2017 of
SUB.DVL.MAGISTRATE,MUVATTUPUZHA
PETITIONER:
ABID EBRAHIM
AGED 35, S/O. EIBRAHIM, ARYANKALAYIL HOUSE, KAVUMKARA
KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM
DISTRICT.
BY ADVS.
SRI.R.BINDU (SASTHAMANGALAM)
SRI.PRASANTH M.P
RESPONDENTS:
1
THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA
ERNAKULAM DISTRICT, PIN - 686 661.
2
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682 031.
SRI. SANTHOSH PETER PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
01.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Petition filed under Section 482 Cr.P.C.
2.
Petitioner has been issued Annexure-I notice
by the Sub Divisional Magistrate, Muvattupuzha
requiring him to show cause why he should not be
Crl.MC.No. 860 of 2018 2
directed to execute a bond for keeping the peace for
one year. It is stated that he is involved in three
cases registed under the Cigarettes and other Tobacco
Products(Prohibition of Advertisement and Regulation
of Trade and commerce,Production, Supply and
Distribution) Act 2003. The proceedings are sought to
be quashed on the ground that the cases were registeed
long ago and there are no sufficient grounds to
initiate proceedings under Section 107 Cr.P.c.
3.
Heard the learned counsel for the petitioner
and the learned Public Prosecutor.
4.
It is seen from Annexure-I order (notice)
that the police officer concerned filed a report
before the Sub Divisional Magistrate that the
petitioner committed certain offences under under the
Cigarettes and other Tobacco Products(Prohibition of
Advertisement and Regulation of Trade and
commerce,Production, Supply and Distribution) Act.
Three cases were registered against him. All of them
were registered in 2015. The proceedings under
Crl.MC.No. 860 of 2018 3
Section 107 Cr.P.C were initiated in May 2017. The
police officer has no case that after 2015 the
petitioner was involved in any case. The initiation of
the proceedings under Section 107 Cr.P.C more than two
years after the registration of the cases is not
proper. So the proceedings are liable to be quashed.
In the result, Annexure-I order is quashed. The
proceedings in M.C.No.98 of 2017 on the file of the
Sub Divisional Magistrate Court, Muvattupuzha are
quuashed.
Sd/-
K.ABRAHAM MATHEW
JUDGE
pm
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I
TRUE COPY OF THE ORDER PASSED BY THE SUB
DIVISIONAL MAGIATRATE, MUVATTUPUZHA DATED
17.05.2017.
ANNEXURE II
TRUE COPY OF THE SUMMONS DATED 19.05.2017.
ANNEXURE III
TRUE COPY OF THE REPORT DATED 22.03.2016.
Crl.MC.No. 860 of 2018 4
ANNEXURE IV
TRUE COPY OF THE FIR IN CRIME NO. 609/2015
DATED 11.03.2015.
ANNEXURE V
TRUE COPY OF THE FIR IN CRIME NO. 789/2015
DATED 01.04.2015.
ANNEXURE VI
TRUE COPY OF THE FIR IN CRIME NO.
1563/2015 DATED 04.09.2015.
ANNEXURE VII
TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER BEFORE SUB DIVISIONAL
MAGISTRATE, MUVATTUPUZHA DATED 07.12.2017.
ANNEXURE VIII
CERTIFIED COPY OF THE PROCEEDINGS SHEET IN
M.C.NO.98/2017 ON THE FILES OF THE SUB
DIVISINAL MAGISTRATE COURT, MUVATTUPUZHA.
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY// PA TO JUDGE
