RAJAN Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) This Crl.M.C. is filed by the accused in S.T.1765/96 on the file of the Judicial First Class Magistrates Court - III, Thrissur to quash the entire proceedings under S.482 of the Cr.P.C.

(2.) On the basis of the charge sheet laid by the 1st respondent, C.I. of Police, Mannuthy Police Station in Crime No. 193/94 the petitioners are prosecuted for the offences punishable under S.15(c) and 56(b) of the Abkari Act. The allegation made against the petitioners is that on 16.11.1994 at 8.45 pm petitioners 1 to 28 were found drinking and about to drink alcohol at the restaurant room of the Hotel Mayura, of which the 29th petitioner is the proprietor.

(3.) The petitioners have contended that the above false case is instituted with the obligue and mala fide motive to harass the 29th petitioner, the proprietor of the hotel Mayura, petitioners 25 to 28 who are the employees of the hotel and other petitioners who are the customers in the hotel, due to the enmity of a high ranking police official towards the 29th petitioner and to scare the customers coming to the hotel. It is also contended that at the instigation of the high ranking police official several prosecution proceedings were initiated against the 29th petitioner and all of them ended in his honourable acquittal. It is also contended that the 29th petitioner had filed petitions against that police official before the competent authorities. The petitioner has produced several documents in support of the allegation that the prosecutions launched against the 29th petitioner were ended in acquittal and he has filed complaint against that police official. But these aspects are not matters for consideration in this Crl.M.C. filed by the petitioners to quash the proceedings under S.482 of the Cr.P.C.