IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH APRIL 2008 / 21st CHAITHRA 1930 Crl.MC.No. 1465 of 2008() ------------------------- CRIME NO.493/2005 OF THALASSERY POLICE STATION C.C.NO.351/2006 ON THE FILE OF THE J.F.C.M, THALASSERY PETITIONER: K.H.KUNJUMON @ BAVAKUNJU S/O.HYDROSE,RESIDING AT KANJIRATHINKAL HOUSE, VATTEKUNNAM, EDAPPILLY NORTH P.O.,ERNAKULAM 682 024. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE KALAMASSERY POLICE STATION,ERNAKULAM DISTRICT. 3. K.U.SHEEBA,D/O.K.A.UMMERKUTTY RESIDING AT KOTTAKKAKATH HOUSE, THAIKATTUKARA P.O.,ALUV, ERNAKULAM DISTRICT 4. K.M. FIROSE,S/O. LATE MUHAMMED ABDUL RAHIMAN, RESIDING AT KUTTIMAKKAL HOUSE 50/261-HI, IV B ROAD, PRASANTH NAGAR, EDAPPALLY, ERNAKULAM DISTRICT BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1465 of 2008 = = = = = = = = = = = = = = = = = Dated this the 10 th day of April, 2008 ORDER Petitioner, who is the sole accused in Crime No.493 of 2005 of Thalassery Police Station registered for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and Section 7 of the LPG Order, 2000 and whose case is now pending before the J.F.C.M, Thalassery as C.C.No.351/2006, seeks to quash all further proceedings in the above case. 2. Admittedly, the learned Magistrate has not framed the court charge yet. So the proper course of action for the petitioner would be to plead for a discharge. Accordingly, if the petitioner files an application for discharge, the same shall be considered by the learned Magistrate and orders passed in accordance with law. It shall be open to the petitioner to urge the contention before the court below that the Police Officer concerned was not duly authorised under Clause 13 of the LPG Order 2000. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj