IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 OP(Crl.).No. 326 of 2010(Q) --------------------------- (CC. 4818/06 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ERNAKULAM) ------------ PETITIONERS ---------------------- 1. K.K.MANAF, S/O. KADERKUNJU, KANNAMMURY VEETTIL, S.R.M.ROAD, KALOOR DESOM, ELAMKULAM VILLAGE, ERNAKULAM DISTRICT, PIN-682018. 2. K.K.NAJEEB, S/O. KADERKUNJU, KANNAMMURY VEETTIL, S.R.M.ROAD, KALOOR DESOM, ELAMKULAM VILLAGE, ERNAKULAM DISTRICT-682018. BY ADVS. SRI.K.A.JALEEL SRI.C.Y.VINOD KUMAR RESPONDENTS: ---------------------- 1. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, COCHIN-682018. 2. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, COCHIN-682030. 3. THE CITY RATIONING OFFICER, ERNAKULAM, COCHIN-682018. BY GOVERNMENT PLEADER, SRI.I.V.PRAMOD THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. =========================== O.P.(Cr).No. 326 OF 2010 =========================== Dated this the 14th day of December,2010 JUDGMENT Petition is filed under Article 227 of the Constitution of India to quash Ext.P6 final report taken cognizance by Judicial First Class Magistrate Court-I, Ernakulam for the offence under sections 3 and 7 of Essential Commodities Act read with Section 3(c) of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order 2000). Case of the petitioners is that in respect of the violation of provisions of LPG Order, by Ext.P3 order, penalty has been imposed by the District Collector which was paid under Exts.P4 and P5 and in such circumstances, petitioners cannot be prosecuted. 2. On hearing the learned counsel, I cannot agree with the submission that because O.P.(Crl) 326/2010 2 of the penalty imposed by the District Collector under Ext.P3, learned Magistrate cannot take cognizance of the offences under sections 3 and 7 of the Essential Commodities Act read with section 3(c) of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order 2000. Petitioners are entitled to raise all the contentions before the learned Magistrate. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006