IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Crl.MC.No. 3173 of 2010() ------------------------- CC.402/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR, MALAPPURAM DISTRICT. .................... PETITIONER(S): ACCUSED NO.3: ------------------------------------------------- MR.E.A.LINCOLN, S/O.E.R.ANTONY PARTNER, M/S.KING'S LINE, PEACE BHAVAN, CHALLAPURAM, CALICUT-2. BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH MENON, SRI.MADHU N.NAMBOOTHIRIPAD. RESPONDENT(S): STATE AND COMPLAINANT: --------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSCUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FOOD INSPECTOR, MOBILE VIGILANCE SQUAD,KOZHIKODE THROUGH FOOD INSPECTOR, TIRUR MUNCIPALITY. R1 & R2 BY PUBLIC PROSCUTOR SRI.C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3173 of 2010 = = = = = = = = = = = = = = Dated: 5.08.2010 ORDER Petitioner, who is 3rd accused in Annexure A private complaint filed by Food Inspector, Mobile Vigilance Squad, Kozhikode for offences punishable under Sections 16(i) a(i) read with 2(ia)(a) and 2(ia)(m) and 7 (i) of the Prevention of Food Adulteration Act, 1954 and now pending before the J.F.C.M, Tirur as C.C.No.402/2005, challenges the proceedings against him on the ground that Annexure A complaint does not contain sufficient averments to saddle the petitioner with vicarious liability so as to be arrayed as an accused. As per Annexure I order dated 24.2.2010 in Crl.M.C.No.1995/2007, this Court had quashed the proceedings so far as they relate to accused Nos.4 to 6 for want of a pleading in terms of Section 17 of the PFA Act. The petitioner also stand on the same footing and Annexure A compliant does not contain allegations to the effect that at Crl. M.C. No.3173 of 2010 2 the relevant time the petitioner was in charge of and responsible to the company. If so, the proceedings as against the petitioner also cannot be sustained. This Crl.M.C is accordingly allowed quashing C.C.No.402/2005 pending before the J.F.C.M-Tirur so far as it relates to the petitioner. Dated this the 5 th day of August, 2010. V. RAMKUMAR, JUDGE sj