IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Crl.MC.No. 598 of 2006 ------------------------ ST.590/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): ACCUSED NO.3: ---------------------------- ASHWIN D. PAREKH, AGED 52, AMIT APARTMENTS, A-504, DADABHAI X ROAD, VILE PARLE (WEST), BOMBAY-400 056. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN SRI.G.JAYASANKAR SRI.PRAMOD KOCHUTHOMMEN.E. RESPONDENTS/ STATE: ---------------------- 1. SENIOR INSPECTOR, LEGAL METROLOGY, ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. NO. 951/2006 IN CRL.M.C.NO. 598/2006 DISMISSED. 21-1-1-2008 Sd/-M.C. HARI RANI, JUDGE TRUE COPY P.S.TO JUDGE ks. M.C. HARI RANI, J. ====================== CRL.M.C.NO. 598 of 2006 ======================== Dated this the 21st November 2008 ORDER The petitioner herein is the third accused in S.T.No.590/2005 on the file of the Judicial First Class Magistrate Court-I, Alappuzha. He was the 14th accused in S.T.No.83/2004 and due to his non-appearance, the case against him was split up and subsequently renumbered as S.T.No.590/2005. The offences alleged against the petitioner and other 15 accused are under Sections 39 of the Standards of Weights and Measures Act, 1976, Section 33 of the Standards of Weights and Measures (Enforcement)Act,1985 and Rules 4,6(1),23(1) and 9 of the Packaged Commodities Rules, 1977 and punishable under Section 63 of the said Act and Section 51 of the Enforcement Act,1985 and Rule 39 of the said Rules. Annexure-I is the complaint against the petitioner and other accused lodged by the complainant, Sr. Inspector, Legal Metrology, Alappuzha, who CRMC. 598/2006 -2- inspected the trade premises of M/s. Subhash Agencies, East of Iron Bridge, CCSB Road, Alappuzha on 18-10-2001. In S.T.No.83/2004 some of the other accused pleaded guilty. The petitioner herein was arrayed as 14th accused in Annexure-I complaint as one of the Directors of M/s. National Plastic Industries Ltd, 9th accused. This petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure to quash the proceedings in pursuance of Annexure-I as against the petitioner. 2. Heard the learned counsel for the petitioner and also the learned Public Prosecutor. 3. It is submitted by the learned counsel appearing for the petitioner that the petitioner has already resigned from the 9th accused company on 17-10-1995 as revealed from Annexure-2, the notarised photostat copy of the minutes of the meeting of the Board of Directors of the 9th accused Company. Annexure-3 would reveal that the particulars of the resignation of the petitioner from the Directorship was duly communicated to the Registrar of Companies, Mumbai in the prescribed Form No.32 and the necessary fee was already remitted as per Annexure-4. CRMC. 598/2006 -3- Thus according to the learned counsel for the petitioner, the petitioner has no liability from 17-10-1995 as he has been resigned from the 9th accused company. So, no offence can be made out against the petitioner and the continuance of the proceedings against him is an abuse of process of the court and is liable to be quashed. 4. It is submitted by the learned Public Prosecutor that registered notices were sent to all the accused in Annexure-1 complaint and obtained acknowledgment of the receipt of notice. But none of them including the petitioner herein has sent any reply which has been mentioned in the complaint, Annexure-1 itself. The petitioner has no case in this petition that he has sent any reply and that he has disputed his liability at the earliest opportunity. Now the case is pending before the Court of Judicial First Class Magistrate -I, Alappuzha and was posted to 17-3-2006 for further steps. I find no reason to interfere with the proceedings which is pending before that court by invoking the inherent jurisdiction of this Court under Section 482 of Cr.P.C. Whether the petitioner has committed the offence as complained in Annexure-I and he is liable or not are to be decided by the trial CRMC. 598/2006 -4- court and it cannot be decided by this Court. Due to the non- appearance of the petitioner, the case was dragged on before the trial court for the past so many years. In these circumstances, this Crl.M.C. is dismissed. M.C. HARI RANI JUDGE ks.