IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Crl.MC.No. 3501 of 2007() ------------------------- CC.550/2002 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER(S): ADDL.7TH ACCUSED: -------------------------------- M/S. AJANTHA DAIRY, 5, KRISHNA KUNJ, AGRA, MATHURA ROAD, AGRA-282002, REP. BY THE MANAGER, PRADEEPKUMAR CHATHURVEDI. BY ADV. SRI.SANTHOSH SUBRAMANIAN SRI.SHEJI P.ABRAHAM RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. FOOD INSPECTOR, KOLLAM CORPORATION, KOLLAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. A. MUJEEBER REHMAN, (MANAGER), M/S. SUPREME TRADERS, CHINNAKADA, KOLLAM, NIZAM MANZIL, KOLLAM-691019. 4. J. AFSAL MUSALIAR, SUPREME TRADERS, CHINNAKADA, KOLLAM, RESIDING AT MAIZON ARMITAGE, KILIKOLLOOR, KOLLAM-691004. 5. T.K. JALALIDHEEN MUSALIAR, SUPREME TRADERS, CHINNAKADA, KOLLAM, RESIDING AT MAIZON ARMITAGE, KOLIKOLLOOR, KOLLAM-691004. 6. M/S. SUPREME TRADERS, CHINNAKADA,KOLLAM,REP. BY T.K.JALALUDHEEN MUSALIAR MAIZON ARMITAGE, KOLIKOLLOOR, KOLLAM-691004. Crl.MC.No. 3501 of 2007 7. K.V. JOSE, PROPRIETOR, STANES TRADING COMPANY,CONVENT ROAD, KOLLAM, RESIDING AT KOTTACKAL HOUSE, XXX/61, PUNNATHALA SOUTH, KOLLAM. 8. M/S. STANES TRADING COMPANY, MERCHANT AND COMMISSION AGENTS, CONVENT ROAD, KOLLAM-1, REP. BY MR.K.V.JOSE (PROPRIETOR). 9. THOMSON TRADING AGENCY, XLI/371, MAHAKAVI BHARATHIYAR ROAD, ERNAKULAM, COCHIN-680 038, REP. BY PARTNER, K.M.JOHN. ADV. SRI.V.V.RAJA FOR R3 TO 6 SRI.M.T.SURESHKUMAR FOR R3 TO 6 PUBLIC PROSECUTOR SRI. AMJOID ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: O R D E R NO REPRESENTATION. THIS PEITION IS DISMISSED FOR NON- PROSECUTION. 3.3.2010 SD/- K.HEMA, JUDGE. //TRUE COPY// sou. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3501 of 2007 ---------------------------------------------------- Dated this the 1st day of December, 2011 Order It is submitted by the learned counsel for the complainant- respondent that in fact the trial is in progress and most of the witnesses have already been examined and as such at this stage, no interference is called for. The fact that trial is in progress and the witnesses have already been examined is not in dispute. As such the petitioner can raise all his submissions before the trial court. The case was pending before the trial court for the last 9 years. Hence, I find no reason to quash the proceedings at this stage. However, the personal appearance of the accused need not be insisted by the court below on all days other than the day posted for his examination under Section 313 Cr.P.C. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd 2 3