IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2509 of 2005() ------------------------- AGAINST THE ORDER DATED 26/07/2005 ON CRL.MP. 2580/2005 IN CC.321/2000 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: 2ND PETITIONER. --------------------------- SEBASTIAN KOLUTHARA, PARTNER, M/S.JOYOTHI OIL STORES, MARINE DRIVE, SHANMUGHAM ROAD, ERNAKULAM. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.AJITH MURALI RESPONDENT: RESPONDENT. ------------------------------- 1. GOOD YEAR INDIA LTD., 38/1561(2) M.G.ROAD, ERNAKULAM, COCHI 35, REPRESENTED BY P.ARAVINDAKSHAN, SENIOR DEPORT MANAGER. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI.M.T.SURESHKUMAR FOR R1 PUBLIC PROSECUTOR SHRI P.A.SALIM FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/08/200, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.10051/05 IN CRL.M.C.2509/05 DISMISSED 06.08.08 SD/- M.C.HARI RANI, JUDGE. M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.2509 OF 2005 ----------------------------------------------------- DATED THIS THE 6th DAY OF AUGUST, 2008 O R D E R Petitioner herein is the Managing Partner of the first accused firm and the second accused in C.C.No.321/2000 on the file of the Court of the Chief Judicial Magistrate, Ernakulam. This petition is filed under Section 482 of Cr.P.C. with the prayer to quash Annexure-E order and to permit the petitioner to adduce further evidence by summoning the documents as sought for in Crl.M.P.No.2580/05, Annexure C. The prayer in this petition is not opposed by the 1st respondent who is the complainant in the proceedings before the lower court and submitted that the complainant has no objection either to issue summons to the Commercial Tax Department, Ernakulam to produce the sales tax returns filed by the first respondent for the financial year 1995-96 to 1999-2000 as prayed for in that petition or to get the certified copies of those documents which are already produced by the concerned authorities before the Judicial First Class Magistrate's Court-III, Ernakulam in some other cases. The submission made by CRL.M.C.No.2509/05 -2- both counsel is recorded and this petition is allowed. Accordingly, Annexure-E order passed by the learned C.J.M., Ernakulam dated 26.7.2005 in Crl.M.P.No.2580/05 in C.C.No.321/2000 is set aside. The learned C.J.M. is directed to give sufficient time to the petitioner herein to take appropriate steps to get those documents from the concerned authorities and after producing the same, to dispose of the petition as early as possible, at any rate, within six months from the date of receipt of a copy of this order. M.C.HARI RANI, JUDGE. dsn