IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Crl.MC.No. 2395 of 2008() ------------------------- ST.1693/2003 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONERS: ------------ 1. RAJAN JOSEPH, R.B. STROES, 12/199C, RESIDING AT CHETTUPUZHAKKARAN HOUSE, PANDIKUDI, KOCHI-2. 2. G. VIJAYA CHANDRA MENON, NOMINEE OF M.V.J. FOODS INDIA PVT LTD., ALUVA-683 103. 3. KURIAN JOHN, CHAIRMAN AND MANAGING DIRECTOR, M/S MVJ FOODS PVT. LTD., REGISTERED OFFICE H.B. NO.7, PANAMPILLY NAGAR, KOCHI. BY ADV. SRI.SHEJI P.ABRAHAM SMT.GISA SUSAN THOMAS RESPONDENTS: ------------- 1. FOOD INSPECTOR, CORPORATION OF COHCIN, MATTANCHERY, COCHIN-2. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2395 of 2008 ------------------------------------------------- Dated this the 25th day of June, 2008 ORDER The petitioners are accused 1, 2 and 4 facing indictment in a prosecution under the provisions of the P.F.A. Act. The trial is over. The matter stands posted for defence evidence and arguments. The petitioners have now come before this Court with a prayer that the proceedings against them may be quashed. 2. Called upon to explain the nature of the prayer, the learned counsel for the petitioners submits that the petitioners shall be satisfied if identical directions as were issued in favour of the 3rd accused as per the order dated 9/6/08 in Crl.M.C,.No.2167/08 were issued in their favour. I am satisfied that the said request can be accepted and this application can be allowed in part. Crl.M.C. No. 2395 of 2008 -: 2 :- 3. In the result: (a) This Crl.M.C. is allowed in part. (b) The petitioners shall appear before the learned Magistrate on the next date of posting. Coercive processes issued against the petitioners shall not be executed till that date. (c) If the petitioners appear before the learned Magistrate on the next date of posting, they shall be permitted to continue to be on bail on the strength of the same bond. Their counsel shall be heard and the matter shall be disposed of on merits. 4. The matter having reached the stage of arguments, I am not persuaded to agree that the crucial contention raised can, should or deserves to be considered in this proceedings under Sec.482 of the Cr.P.C. 5. Hand over a copy of this order to the learned counsel for the petitioners. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge