IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Crl.Rev.Pet.No. 1361 of 2011() ------------------------------ CC.33/2004 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVISION PETITIONER/SECOND ACCUSED ---------------------------------- P.DIVAKARAN, PARAPPILLIL HOUSE, IRUMPANAM,ERNAKULAM BY ADVS.SRI.ANIL D. NAIR SRI.J.R.PREM NAVAZ SMT.NIVEDITA A.KAMATH RESPONDENT(S):COMPLAINANT ------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 2. THE ASSISTANT REGISTRAR OF COMPANIES KERALA, M.G.ROAD, ERNAKULAM,COCHIN-11 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRRP. NO.1361/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE CERTIFICATE COPY OF THE COMPLAINT IN C.C. NO.33/2004. ANNEXURE A2: COPY OF THE SHOW CAUSE NOTICE DATED 21/01/1999 ISSUED BY THE COMPLAINANT. ANNEXURE A3: COPY OF THE REPLY DATED 29/01/1999 SUBMITTED BY THE COMPANY TO THE COMPLAINANT. ANNEXURE A4: COPY OF THE ORDER DATED 22ND SEPTEMBER 1998 IN C.A.NO.444/1998 IN A.P. NO.37/1998 PASSED BY THIS HONOURABLE COURT ANNEXURE A5: COPY OF THE LETTER DATED 28/09/1999 SERVED ON THE COMPANY. ANNEXURE A6: COPY OF THE AUDITED BALANCE SHEET OF THE COMPANY FOR THE YEAR 1994 - 96. ANNEXURE A7: COPY OF THE AUDITED BALANCE SHEET OF THE COMPANY FOR THE YEAR 1996 - 96. ANNEXURE A8: COPY OF THE AUDITED BALANCE SHEET OF THE COMPANY FOR THE YEAR 1996 - 97. ANNEXURE A9: COPY OF THE ORDER DATED 22/03/2011 IN CRL.MC.NO.892/2011 PASSED BY THE HONOURABLE HIGH COURT OF KERALA. ANNEXURE A10: COPY OF THE CHARGES FRAMED VIDE ORDER DATED 31/12/2010. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.1361 OF 2011 (A) ----------------------------------- Dated this the 23rd day of September, 2011 O R D E R Petitioner is the second accused in C.C.No.33 of 2004 on the file of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam. Challenge in the revision is against the order dated 31.12.2010 passed by the learned Magistrate framing charges against him, for the offences imputed in the complaint. Charges levelled against him are devoid of any merit and the allegations made out in the complaint do not spell out the necessary ingredients to constitute the offences imputed, at least against the petitioner, is the submission of the counsel. From the annexures produced with the revision petition, I find Annexure-A9 is an order passed by this Court, by which, this Court had turned down the challenge raised by the petitioner to quash the entire proceedings invoking the inherent jurisdiction of this Court under Section 482 of the Act. Paragraph 2 of the order dated 22.3.2011 passed by this Court, referred to above, rendered in Crl.M.C.No.892 of 2011, reads thus: Crl.R.P.No.1361/2011 2 “It is seen that the case was taken on file by the learned Additional Chief Judicial Magistrate (Economic Offences) in the year 2004 and for seven years petitioner did not challenge his impleadment in the case. It is not disputed that in the meantime the court framed charge against the petitioner. That also was not challenged. Now the case is ripe for trial. It is at that stage that petitioner has approached this Court with a request to quash the proceeding.” This Court has dismissed the aforesaid Crl.M.C. expressing the view that the petitioner can raise all his defences at the time of trial. After passing of Annexure-A9 order, whereunder the framing of charge against the accused which had already taken place in the case was taken note of by this Court to express the view as aforesaid, petitioner has moved the present revision to impeach the order of the learned Magistrate framing charge. I do not find any merit in the revision, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.No.1361/2011 3