High CourtsSingle Bench(2021) 07 KL CK 0009

Amal vs State Of Kerala

High Court Of Kerala · Decided on 1 July 2021

HON’BLE JUDGES
P.Somarajan, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Application No.1997 Of 2020

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Judgment

9 paragraphs · 187 words

P.Somarajan, J

1.

Heard the learned counsel for the petitioners and the learned public prosecutor.

2.

This is an application filed under Section 482 of Cr.P.C., for quashing the FIR and final report submitted alleging commission of Abkari offence.

3.

It was submitted by the learned counsel that under Annexure-A3 order a finding was rendered that no measurement was taken as far as the toddy

alleged to have been transported from Chittur. It was, inter alia, contended that several other reasons are there in favour of the petitioners. This Court

under Section 482 of Cr.P.C., cannot sit in appeal or revision and cannot even usurp the powers of the trial court. When there is remedy available to

the parties, it is not at all fit and proper to exhaust the remedy under Section 482 of Cr.P.C. Without prejudice to the right of the parties to agitate all

these issues at the proper stage of the proceedings, this Crl.M.C., is hereby dismissed.

4.

It is made clear that the trial court shall not insist personal appearance of the parties till framing of the charge and the hearing thereof.