IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.MC.No. 4965 of 2008() -------------------------------------- (C.C.NO.329/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM) PETITIONER(S): ACCUSED 3 & 4: -------------------------------------------------- 1. TRINETHRA SUPER RETAIL (P) LTD. X/256 A & B MARADU GRAMA PANCHAYATH, NETTOOR, COCHIN 682 304. 2. ADITYA BIRLA RETAIL LTD,ADITYA BIRLA RETAIL CENTRE, SIROYA CENTRE, SAHAR AIRPORT ROAD, ANDHERI EAST, MUMBAI 400 009 (REPRESENTED BY BIJU THOMAS) BY ADV. SRI.M.RAMESH CHANDER SRI.A.KUMAR RESPONDENT(S): --------------------------- 1. FOOD INSPECTOR, KOZHIKODE CORPORATION, KOZHIKODE. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A.SALIM FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.4965 of 2008 ---------------------------------------- Dated this the 27th day of January 2009 O R D E R After discussions at the Bar, the learned counsel for the petitioners only prays that they may be permitted to withdraw this Crl.M.C without prejudice to their rights to raise all relevant contentions before the learned Magistrate. I accept the said request. 2. The learned counsel for the petitioners submits that both the petitioners are fictitious legal personality and not natural persons. They shall be represented by a counsel and, in these circumstances, it is prayed that coercive processes may not be issued against the persons representing the petitioners. It is for the petitioners to appear before the learned Magistrate in accordance with law and claim representation. I find no reason to assume that the learned Magistrate would insist that coercive processes ought to be issued against the representatives of the petitioner if the petitioners appear before the court below through counsel. 3. With the above observations, this Crl.M.C is dismissed as not pressed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008