Nagarajan @ P.N.Rajan vs State Of Kerala on 13 February, 2009

[Cites 2, Cited by 1]

Kerala High Court

Nagarajan @ P.N.Rajan vs State Of Kerala on 13 February, 2009

Bench: M.N.Krishnan

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 564 of 2009()


1. NAGARAJAN @ P.N.RAJAN,
                      ...  Petitioner
2. VISWANATHAN @ KANNAN,

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.JESWIN P.VARGHESE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :13/02/2009

 O R D E R
                            M.N.KRISHNAN, J.
                   -------------------------------------------
                         Crl.M.C.No.564 of 2009
                    ------------------------------------------
              Dated, this the 13th day of February, 2009

                             JUDGMENT

This petition is filed to quash the final report in O.R.No.7 of 2007 of the Excise Range, Mananthawady which is pending trial as C.P.No.1 of 2009 on the file of the Judicial First Class Magistrate-II, Mananthawady. Annexure A1 is the charge sheet and the present petitioners are arrayed as accused Nos.3 and 4. It is seen that about 350 litres of illicit spirit was being transported when the excise party intercepted and accused Nos.1 and 2 were caught hold of. It is also stated that accused Nos.3 and 4, the present petitioners, had made arrangements for the purchase of the spirit, and for the purpose of transporting they had abetted and aided the other accused. It is specifically stated in the charge that accused Nos.3 and 4 had made arrangements for transportation of the spirit by giving money and has helped and abetted accused Nos.1 and 2 and, therefore, Section 61 of the Abkari Act also will be attracted.

2. At this stage, I do not propose to give my views Crl.M.C.No.564 of 2009 2 on merits for the reason that I do not find any ground to quash the proceeding as such. But when the case is committed and it comes up before the Sessions Court, necessarily there has to be a hearing under Section 227 of the Code of Criminal Procedure before framing of charge and certainly the petitioners will be entitled to raise the plea of discharge which the court has to consider on the materials available on record as contemplated under Section 227(2) of the Code of Criminal Procedure and dispose of the matter in accordance with law.

This Criminal Miscellaneous Case is disposed of accordingly.

M.N.KRISHNAN, JUDGE vns

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