IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Crl.MC.No. 3236 of 2006(D) ------------------------- CC.30/2003 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ACCUSED: ----------------------- N. RAMANKUTTY NAIR, DEVI VIHAR, PUTHOOR, KOLLAM, NOW RESIDING AT SHYLUM NO.30, ARADHANA NAGAR, KOLLAM-19. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. E.S.I. CORPORATION, REP. BY THE INSPECTOR, E.S.I. CORPORATION,TRICHUR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.SANKARANKUTTY NAIR, SC, ESI CORPN R2 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 3236 of 2006-D ================== Dated this the 18th day of June, 2009. O R D E R Petitioner is the accused in C.C.No.30/2003 on the file of Chief Judicial Magistrate Court, Thrissur, taken cognizance on the complaint filed by ESI Corporation alleging that petitioner failed to make contribution under the Employees State Insurance Act for the period from 1-4-2001 to 30-4-2001. This petition is filed under Section of 482 of Code of Criminal Procedure to quash the proceedings or in the alternative to stay further proceedings in C.C.No.30/2003 till the disposal of Annexure VI application pending before Employees Insurance Court, Kollam as I.C.No.3/2009, which was filed by the petitioner after getting I.C.No.83/2006 filed by him earlier before the Employees Insurance Court, Palakkad, dismissed as withdrawn with liberty to approach the competent court under Annexure V order. 2. Learned Counsel appearing for the petitioner submitted that the question whether the petitioner or the second respondent in Annexure VI application pending before the Employees Insurance Court, Kollam, namely, M/s Olam Exports Crl.M.C.No.3236/2006-D -2- (India) Ltd. is liable to pay the contribution is to be decided by the Employees Insurance Court in Annexure VI application and before resolving that question, Magistrate may not dispose C.C.No.30/2003. Learned Counsel appearing for first respondent submitted that in any event the Employees Insurance Court, Kollam may be directed to dispose the case expeditiously. 3. In C.C.No.30/2003 the question is whether the petitioner herein defaulted to pay the contribution to the ESI Corporation as alleged. Answer to that question depends on the larger question whether petitioner is liable or second respondent in I.C.No.3/2009 is liable. In such circumstances, Chief Judicial Magistrate Court, Thrissur, is directed to stay all further proceedings in C.C.No.30/2003 till the Employees Insurance Court, Kollam, decides I.C.No.3/2009. Employees Insurance Court, Kollam is directed to dispose I.C.No.3/2009 as expeditiously as possible. M.SASIDHARAN NAMBIAR JUDGE dkr