IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.MC.No. 1514 of 2009() ------------------------- CC.1552/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER(S): ACCUSED: ----------------------------------------- PRAKASHAN,AGED 40 YEARS, S/O.THAYYIL RAMAN, NEDUPUZHA DESOM, KANIMANGALAM VILLAGE, THRISSUR. BY ADV. MR.P.K.SAJEEV RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1514 OF 2009 ------------------------------------------ Dated 21st May 2009 O R D E R This petition is filed under Section 482 of Criminal Procedure Code to quash Ext.A1 charge sheet and the proceedings in C.C.No.1552/2008 on the file of Judicial First Class Magistrate-II, Thrissur. Prosecution case is that petitioner committed offence under clause 3 and 4 of Lubricating Oils and Greases (Processing, Supply and Distribution Regulation) order, 1987 and clause 3 and 7 of Essential Commodities Act. Case of the petitioner is that the case was registered on 7/9/1997 and charge sheet was submitted on 20/6/1999 and samples were sent for chemical analysis only on 9/6/2005 and report received was on 10/6/2008 and petitioner was summoned to appear on 20/8/2008 and in such circumstances, petitioner may not be compelled to face trial after the lapse of 11 years. Case of the petitioner is that because of the lapse of time, petitioner was deprived of his constitutional right flowing from Article 21 of CRMC 1514/09 2 Constitution of India. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do not find this a proper and appropriate case to quash the proceedings in exercise of the inherent powers of this court under Section 482 of Criminal Procedure Code. Though charge sheet was submitted on 20/6/1999 and the case was registered on 7/9/1997 fact that report of the chemical analysis was received on 20/8/2008 by itself is not a ground to quash the proceedings. Considering the fact that charge against the petitioner is under Essential Commodities Act, it is not in the interest of justice to quash the proceedings at the initial stage. Crl.M.C is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.