IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.MC.No. 3426 of 2008() ------------------------- C.M.P. NO.1250/08 IN CC.669/2005 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA .................... PETITIONER(S): 2ND ACCUSED -------------------------- C.P.MUHAMMED, S/O.M.V.ABDUL KHADER, CHEMMANGAD LANE, KOZHIKODE, LICENCEE OF CEE PEE ASSOCIATES, MERCHANTS AND COMMISSION AGENTS, 12/66, BIG BAZAR, CALICUT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENT(S): COMPLAINANT & STATE & ACCUSED 1 & 3 -------------------------------------------------- 1. FOOD INSPECTOR, PERAMBRA CIRCLE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. M.M.KUNJAMMAD, MANAKKAL MEE-THAL, LICENCEE OF MEPPAYUR TRADERS VI/636, 637, MEPPAYYUR P.O. 4. M/S.SUSEE AGENCIES, INDIRA DEVI, W/O.S.K.MURUKESAN, 79, KATTABOMMAN THRU, VIRUDHU NAGAR, TAMIL NADU. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3426 of 2008 ------------------------------------------------- Dated this the 16th day of October, 2008 ORDER The petitioner is the 2nd accused in a prosecution under the provisions of the P.F.A. Act. Altogether, there were 2 accused persons when the complaint was filed. The vendor/retailer is the 1st accused and the petitioner/ the alleged wholesaler is the 2nd accused. The petitioner raised a contention that the manufacturer must be arrayed as an accused. Accordingly, the 3rd accused has been brought on the array of accused. The 3rd accused has not been served yet. Without and before effecting service on the 3rd accused, the learned Magistrate is proceeding with the trial. This, in short, is the grievance raised by the learned counsel for the petitioner. 2. A report of the learned Magistrate was called for. Crl.M.C. No. 3426 of 2008 -: 2 :- The learned Magistrate submits in the report that the petitioner can still furnish the correct address of the 3rd accused, in which event steps shall be taken to issue notice to the 3rd accused. 3. The learned counsel for the petitioner submits that he shall forthwith furnish to the court all the details of the 3rd accused. He only prays that he may be given breathing time to furnish such address and details of the 3rd accused to the court. 4. I am, in these circumstances, satisfied that this Crl.M.C. can be allowed and appropriate directions can be issued. 5. This Crl.M.C. is accordingly allowed. There shall be a direction to the petitioner/2nd accused to furnish the correct address and all details of the 3rd accused within a period of 3 weeks from this date. If the petitioner furnishes correct address and all details of the 3rd accused, the learned Magistrate shall make an attempt to secure the presence of the 3rd accused. Trial shall continue only thereafter. Crl.M.C. No. 3426 of 2008 -: 3 :- 6. If the presence of the 3rd accused cannot be secured, the learned Magistrate shall, in accordance with law, split up the case against the 3rd accused and proceed with the trial of the case against the others. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3426 of 2008 -: 4 :- R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3426 of 2008 ------------------------------------------------- Dated this the 16th day of September, 2008 ORDER Call for a report from the learned Magistrate about the stage of the proceedings. How was the 3rd accused impleaded as an accused? At what stage was he impleaded? How was the proceedings against the 3rd accused brought to termination by the learned Magistrate? All the necessary details shall be furnished in the report to be furnished. Copies of all relevant orders on this aspect shall also be forwarded to this Court. The Registry shall ensure that the report of the learned Magistrate reaches this Court by 29/9/2008. Call on 30/9/2008. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 3426 of 2008 -: 5 :-