T B PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the third accused in C. P. No. 63/2008 on the file of Judicial first Class Magistrate Court, Kodungallur. This petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure B final charge in crime No. 207/2008 of Mathikalam Police Station and taken cognizance as c. P. No. 63/2008 by Judicial First Class Magistrate Court, Kodungallur and now pending before Sessions Court, Thrissur. As per Annexure B final report submitted by Sub Inspector of Police under Section 173 (2) of Code of Criminal procedure, third accused committed offences under Sections 55a and 420 of indian Penal Code. The allegation is that second accused is the licensee of toddy Shop No. 26 of Kodungallur Excise Range and on 16-3-2008 at 9 AM the excise officials conducted a search and then toddy was found in the Toddy Shop without entering in the stock register. First accused is the employee alleging that it was with the knowledge of second accused, 35 litres of toddy was stored without authority in a room to the east of T. S. No. 26 and that in the stock register wrong entry was recorded by third accused and all of them thereby committed the offences.

(2.) LEARNED Counsel appearing for petitioner and learned Public Prosecutor were heard.

(3.) LEARNED Counsel for the petitioner pointed out that the allegation against the petitioner in Annexure B final report is only that he had entered wrong entry in the stock register and as is clear from the purpose of examination of the charge witnesses that aspect is sought to be proved by CW5 raju, the Manager of the toddy shop and even if that is accepted, no offence under Abkari Act is involved and no offence under Section 420 of Indian Penal code also will not be attracted against petitioner and therefore the case as against petitioner is to be quashed.