IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 1378 of 2010() ------------------------- (CRIME NO.833/2004 OF THE KUNNAMKULAM POLICE STATION) CC.751/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONERS: ACCUSED; ----------------------- 1. PRADEEP K.V., S/O.VELAYUDHAN, KANDANKULANGARA HOUSE, CHEMMAMTHITTA, THRISSUR DISTRICT. 2. GIREESH, S/O.MOHANAN, VETTATH HOUSE, CHEMMANTHITTA, THRISSUR DISTRICT. 3. VIJAYAKUMAR C.B., S/O.BALARAMAN, CHAMMAMADATHIL HOUSE, KARIKKAD, THRISSUR DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION -THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1378 of 2010 -------------------------------------- Dated this the 18th day of June, 2010 ORDER Petitioners who are the accused in C.C.No.751/2006 on the file of the J.F.C.M, Kunnamkulam for an offence punishable under Section 7(1)(a) of Essential Commodities Act, 1955 and Rule 3(3) of Liquefied Petroleum Gas (Regulation of Supply and Distribution)Order, 1993 seek to quash the entire proceedings before the court below. 2. The trial of the case already begun with the framing of the charge and the only course of action now available to the petitioners is to face the trial. This Court sitting in the rarefied jurisdiction under Section 482 of Code of Criminal Procedure will be loath to quash the final report and all further proceedings at this stage of the case. If a question of identity doesn't arise for consideration during the trial of the case, the petitioners may file an Crl.M.C.No.1378/2010 : 2 : application for personal exemption during trial by incorporating the necessary averments. In case, such an application is filed by the petitioners, the learned Magistrate shall not insist on the personal appearance of the petitioners unless the same is absolutely necessary. V.RAMKUMAR, JUDGE skj