IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 29TH DAY OF SEPTEMBER 2023 / 7TH ASWINA, 1945
CRL.MC NO. 7445 OF 2023
PETITIONER/2ND ACCUSED:
D. MANIYAN
AGED 58 YEARS
S/O. K. DASAN, R/AT. KURIYAMADOM,
MELETHATTU PUTHEN VEEDU,
KOCHUTTUKONAM, MARIYAPURAM.P.O.,
THIRUVANANTHAPURAM DISTRICT., PIN – 695122
BY ADV KODOTH SREEDHARAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
THROUGH EXCISE INSPECTOR MATTANCHERY
EXCISE RANGE, REP. BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
PRESENT: SRI. HRITWICK C.S., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
Crl.M.C. No. 7445 of 2023
Dated this the 29th day of September, 2023
O R D E R
This Criminal Miscellaneous Case is filed to quash the proceedings in S.C. No.15/2023 on the file of the Assistant Sessions Court, Kochi.
2. When this matter came up for consideration on 14.09.2023, this Court directed the Registry to get a report about the present stage of the case. A report is submitted by the learned Assistant Sessions Judge. The relevant portion of the same is extracted hereunder;
“It is prosecution under Section 58 and 55(i) of Abkari Act. There are two accused persons in this case. Second accused appeared before the court on 16.06.2023 and first accused appeared before the court on 01.08.2023. Then the case was posted for hearing under section 226 Cr.P.C. on 15.09.2023. Since the leanrned Government Pleader was absent on that day, it was posted for hearing u/s.226 Cr.P.C. on 20.10.2023.”
3. From the report it is clearly stated that the case was posted for hearing under Section 226 of Cr.P.C. on 15.09.2023 and since the learned Government Pleader was absent on that day, it is posted for hearing under Section 226 Cr.P.C. to 20.10.2023. If that be the case, the petitioner can file a discharge petition before the learned Assistant Sessions Judge and the Assistant Sessions Judge will consider the same also at the stage of 226 Cr.P.C. itself.
Therefore, this Criminal Miscellaneous Case is disposed of with the following directions;
1. The petitioner is free to file a discharge petition before the trial court, within a period of two weeks from the date of receipt of a copy of this order.
2. Once such a discharge petition is filed, the Assistant Sessions Court, Kochi will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of the discharge petition.
Sd/-
P.V.KUNHIKRISHNAN
APPENDIX OF CRL.MC 7445/2023
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE JUDGMENT IN CRL.MC. NO.6551/2013 BY THIS HON’BLE COURT ON 14/9/2022
ANNEXURE 2 TRUE COPY OF THE FINAL REPORT DT.19/07/2013 IN CRIME NO.4/2013 ON THE FILE OF THE EXCISE RANGE OF MATTACHERY FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI
ANNEXURE 3 TRUE COPY OF THE CALL DETAILS ISSUED BY THE BSNL
ANNEXURE 4 TRUE COPY OF THE ARREST MEMO
ANNEXURE 5 TRUE COPY OF THE ARREST INTIMATION
ANNEXURE 6 TRUE COPY OF THE JUDGMENT IN 2020 (5) KLT 12 (JABAR V. STATE OF KERALA)
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE