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High Court of KeralaCrl.MC/7192/2015disposed of

M Sivadasan v. State Of Kerala

2015-11-23Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 Crl.MC.No. 7192 of 2015 () --------------------------- CRIME NO. 85/1998 OF KOLLAM EXCISE RANGE , KOLLAM DISTRICT SC.NO.300/2011 OF ADDL.SESSIONS COURT, (ABKARI CASES), KOTTARAKARA ------------------- PETITIONERS/ACCUSED NOS. 3 & 5:

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1. M.SIVADASAN, PALAMOOTTIL HOUSE, SAKTHIKULANGARA, KOLLAM.

2. MARGARET FRANCO, MARIYALAYAM HOUSE, SAKTHIKULANGARA, KOLLAM.

BY DR.K.P.SATHEESAN,SENIOR ADVOCATE ADVS. SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR RESPONDENTS/STATE & COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM-691 001.

BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Crl.MC.No. 7192 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

-------------------------------------------- ANNEX ICERTIFIED COPY OF THE FINAL REPORT IN OCCURRENCE REPORT NO. 85/98 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, KOLLAM DATED 1-10-2007.

RESPONDENT(S)' ANNEXURES:

NIL ------------------------------------------------- /TRUE COPY/ P.S.TO JUDGE sts

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7192 of 2015 ............................................................... Dated this the 23th day of November, 2015

O R D E R

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

2. It has come out that the case, which has arisen from the very same crime as against the 4th accused, is pending as S.C.No.645/2014 before the Additional Sessions Court-VI, Kollam. Petitioners are A3 and A5 in the said crime. The case against the petitioners, which has arisen from the very same crime, which is presently pending as S.C.No.300/11 before the Additional Sessions Court(Abkari cases), Kottarakara, can also be transferred to the Additional Assistant Sessions Court, Kollam, for trial along with S.C.No.645/2014.

CRL.M.C.No. 7192 of 2015 -: 2 :- In the result, this Crl.M.C is disposed of by transferring the case against the petitioners, which is presently pending as S.C.No.300/11 before the Additional Sessions Court (Abkari cases), Kottarakara, to the Additional Assistant Sessions Court, Kollam, for trial along with S.C.No.645/2014.

Sd/- B.KEMAL PASHA, JUDGE ul/- The name of the court shown as "Additional Assistant Sessions Court, Kollam" in the 3rd, 4th and 9th lines of paragraph 2 at page 1 and in the operative portion of the final order dated 23.11.2015 in Crl.M.C. No.7192/2015 is corrected and substituted as "Additional Sessions Court-VI, Kollam" as per order dated 09.09.2016 in Crl.M.A. No.9311/2016 in Crl.M.C. No.7192/2015.

Sd/- Registrar(Judicial).