IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 37752 of 2009(Q) -------------------------- (CC.647/2005 of J.M.F.C. - I, PARAVUR) .................... PETITIONERS: ------------------ 1. MAHALAKSHMI FUELS, IOC DEALER, UDYOGAMANDAL, ERNAKULAM DISTRICT. 2. P.RAMACHANDRAN, (MANAGING PARTNER, M/S.MAHALAKSHMI FUELS) S/O.N.R.ACHAN, MADASSERIL HOUSE, KUTTIKKATTUKARA, ELOOR EAST, ELOOR P.O. 3. M.P.UNNIKRISHNAN, S/O.PADMANABHAN, MANALIPARAMBIL VEEDU, ELOOR NORTH, UDYOGAMANDAL. 4. A.K.AMMINI, D/O.KUNJAN, AMBALTHUPARAMBIL, ELOOR SOUTH, UDYOGAMANDAL.P.O. BY ADV. SRI.BEPIN VIJAYAN RESPONDENT: -------------------- THE ASST.CONTROLLER, LEGAL METROLOGY, FLYING SQUAD, ERNAKULAM. BY GOVERNMENT PLEADER, SRI.T.B.HOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, ALONG WITH WPC NO. 3087 OF 2009 WPC NO. 7651 OF 2009 WPC NO. 4907 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK Bhabani Prasad Ray, J. ==================================== WP(C).NO. 37752 OF 2009 ==================================== Dated this the 8th day of February, 2011 JUDGMENT Heard the learned counsel for the petitioners and Government Pleader for the respondent. The petitioners in this writ petition are challenging the complaint filed as C.C.No.647 of 2005 on the file of Judicial First Class Magistrate, North Paravur by the respondent herein under Section 63 of Standards and Weights and Measures (Enforcement) Act, 1985. 2. The learned counsel appearing for the petitioners states that they will raise all relevant points at the time of framing of charge. This is a complaint case. The petitioners submit that they are busy in their business and they may not be required to appear personally on any date of hearing. Therefore personal appearance of the petitioners may not be insisted upon unless it is Wpc 37752/2009 -:2:- required for a specific purpose. It is open to the petitioners to file an application under Section 205 of the Code of Criminal Procedure on or before 26.2.2011. If such an application is filed, the Magistrate shall do well in dispensing with the personal appearance of the petitioners with such conditions as he deems fit during the trial and if their personal appearance is required for any specific purpose, petitioners shall appear on the day as directed by the Magistrate. As this case is an year old case, the learned Magistrate is directed to dispose of the case as expeditiously as possible, preferably within six months from the date of receipt of a copy of this judgment. With the above observation, this writ petition is disposed of. Bhabani Prasad Ray, Judge. lgk