IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Crl.MC.No. 2383 of 2009() ------------------------- CC.396/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): 5TH ACCUSED: ------------------------------------------------ MR. ANILKUMAR, MANAGING PARTNER, M/S. GOPIKA DAIRY FARMS, KONGORPILLY. BY ADV. MR.T.A.SHAJI RESPONDENT(S): COMPLAINANT/2ND ACCUSED & STATE: ---------------------------------------------------------------------------------------- 1. V.N.ASHOKAN, FOOD INSPECTOR, CHALAKUDY CIRCLE, CHALAKUDY. 2. BOSCO KAREDAN, KAREDAN HOUSE, KHANNA NAGAR P.O., KORATTY. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2383 of 2009 -------------------------- ORDER Petitioner, who was impleaded as additional accused as per Annexure-C order on Annexure-B application filed by the second accused in C.C.No.396/ 2007 on the file of Judicial First Class Magistrate's Court, Chalakudy, filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-C order. Food Inspector had filed an objection to Annexure-B application stating that third accused was appointed as the nominee of the fourth accused and he is alive and in such circumstances, petitioner cannot be impleaded. It is contended that learned Magistrate passed the order without considering the objection. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. In the light of the order to be passed in this petition, I do not find it necessary to issue notice to other respondents, including the second respondent, who filed Annexure-B application. CRMC 2383/09 2 4. Annexure-C order was passed by the learned Magistrate without considering the objection raised by the Food Inspector, the complainant. Petitioner herein was impleaded based on Annexure-B application without considering the question whether, P.S.Francis, the third accused, is a fictitious person or not as claimed by the second accused in Annexure-B application. The fact of nomination under Section 17(2) of Prevention of Food Adulteration Act and its effect were also not considered by the learned Magistrate. In such circumstances, petition is allowed. Annexure-C order is quashed. Judicial First Class Magistrate, Chalakudy is directed to re-consider Anenxure-B application after hearing the second accused and the objection raised by the Food Inspector and pass appropriate order in accordance with law. 13th August, 2009 (M.Sasidharan Nambiar, Judge) tkv