IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Crl.MC.No. 267 of 2009(C) ---------------------------------- ST.3636/2008 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA ............................................. PETITIONER(S): ACCUSED NO.1 & 2 --------------------------------------------------- 1. SUBRAHMANYAN, AGED 64 YRS,XXIV/5999, TEMPLE ROAD EAST,PAYYANNUR, KANNUR DIST. 2. S.SUSEELA, XXIV/5999, TEMPLE ROAD EAST, PAYYANNUR, KANNUR DIST. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANTS -------------------------------------------------- 1. DISTRICT FOOD INSPECTOR, KOZHIKODE. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. VADAKARA MUNICIPALITY,REP.BY ITS SECRETARY,VADAKARA. 3. FOOD INSPECTOR, VADAKARA MUNICIPALITY. ADV. SRI.R.SATISH KUMAR FOR R2 PUBLIC PROSECUTOR SRI.B.JAYASOORYA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C.No. 267 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of August, 2009 O R D E R Petitioners are accused in S.T.No.3636 of 2008 on the file of the Judicial First Class Magistrate, Vadakara. This petition is filed under section 482 of the Code of Criminal Procedure to quash the cognizance taken on the complaint filed by first respondent Food Inspector, contending that 'Isomil' is not an 'infant formula', as provided under rule 49(19) of the Prevention of Food Adulteration Rules, 1955, when it was manufactured and, therefore, it is not misbranded and hence, no offence was committed. 2. Learned counsel for the petitioner and learned Public Prosecutor are heard. 3. When learned counsel for the petitioner cannot persuade me to accept the contentions raised in the petition, learned counsel submitted that petitioners may be permitted to seek an order of discharge under section 239 of the Code of Criminal Procedure from the learned Magistrate, raising all the contentions raised herein. 4. In such circumstances, this petition is disposed of permitting petitioners to seek an order of discharge from the learned Magistrate raising all the available contentions raised in this petition. M.SASIDHARAN NAMBIAR, JUDGE. mn.