IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 1159 of 2005() ------------------------- CRIME NO.40/2003 OF ANGAMALY POLICE STATION PETITIONER: ------------------------- 1. MRS. LILLY ITTIACHAN, OCHERI VEEDU, IIND FLOOR, TRI STAR BUILDERS, JAWAHAR NAGAR, VYTTILA, ERNAKULAM. 2. K.K.APPU, S/O.KORU, KAIMAPARAMBIL HOUSE, PULLOOR DESOM, PULLUR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.RAMAKRISHNAN NAIR RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ANKAMALY POLICE STATION, CRIME NO.40 OF 2003. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1159 of 2005 = = = = = = = = = = = = = = Dated this the 25th day of February, 2008 ORDER The petitioners, who are accused Nos.5 and 6 in Crime No.40/2003 of Angamaly Police Station registered for offences punishable under paragraph 5(a) of the Kerala Rationing Order 1966 read with Sections 3 and 7 of the Essential Commodities Act, 1955, seek to quash the FIR and further proceedings in the above case. 2. Pending this petition the Police filed the final report before the J.F.C.M- II, Aluva which has taken cognizance of the offences and has registered the case as C.C.No.620/2006. 3. Admittedly, the particulars of the offence have not been read over to the accused by the learned Magistrate. It is too early for this Court to accept the contentions of the petitioners , unaided by any of the materials relevant for consideration. In the light of the decision in Kamala Rajaram v. State of Kerala (2005(3)KLT 617, in a summons trial case, the Magistrate has the power to drop or discontinue the proceedings, before the particulars of offences have been read over to the accused. Crl.M.C.No.1159 of 2005 2 Hence, without prejudice to the right of the petitioners to plead for dropping of the proceedings under Section 251 read with 258 Cr.P.C, as was held in Kamala Rajaram v. State of Kerala (2005(3)KLT 617, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE sj /True Copy/ P.A To Judge