IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 4263 of 2008() ------------------------- ST.815/2003 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... PETITIONER(S): ------------------------- M.E.MEERAN (3RD ACCUSED), MANALUMPARAYIL HOUSE, ADIMALI P.O., IDUKKI DISTRICT. BY ADV. SRI.P.S.ABDUL KAREEM RESPONDENT(S): ------------------------------- THE FOOD INSPECTOR, KOZHIKODE CIRCLE, BIG BAZAR, CALICUT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4263 of 2008 ------------------------------------- Dated this the 10th day of November, 2008 ORDER The petitioner has come to this Court again with this Crl.M.C to quash C.C.No.815 of 2003 pending before the Judicial Magistrate of the First Class-I, Kozhikode. The prosecution is under the provisions of the Prevention of Food Adulteration Act. The 3rd respondent is M/s.Eastern Foods represented by the petitioner herein. The 3rd accused on the array is thus a proprietory concern represented by the petitioner. Raising identical grievance the petitioner had come to this Court and Annexure-A3 order dated 26.06.07 in Crl.M.C.No.489 of 2007 was passed. Earlier the 3rd accused M/s.Eastern Foods was arrayed as a company and the 2nd accused was arrayed as nominee of the said company. 2. Before me the learned Public Prosecutor submits that it having been now realised that the 3rd accused is a proprietory concern, proceedings against the 2nd accused will have to be dropped. The 2nd accused has not entered appearance so far and the prosecution shall forthwith be taking steps to delete the 2nd accused from the array of parties, submits the learned Public Prosecutor. Crl.M.C. No.4263 of 2008 2 3. I am, in these circumstances, satisfied that nothing survives for consideration in Annexure-A3 order. The petitioner can raise all his contentions before the learned Magistrate. I accept the submission of the learned Public Prosecutor that steps are being taken to delete the 2nd accused from the array of accused. Necessary steps shall be taken forthwith by the prosecution, so that proceedings can continue immediately. 4. With the above observations, this Crl.M.C is dismissed. (R.BASANT, JUDGE) rtr/-