IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Crl.MC.No. 574 of 2008() --------------------------- C.C.NO. 226/1990 of ADDL. CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES), ERNAKULAM. PETITIONER: ------------ P.V.VARGHESE, S/O.LATE VAREED PROPRIETOR, POKATH INDUSTRIES, POKATH HOUSE CRANGANORE ROAD, IRINJALAKUDA P.O. TRICHUR DISTRICT. BY ADV. SRI.JOSHI N.THOMAS RESPONDENTS: ------------- 1. THE ASSISTANT COLLECTOR OF CENTRAL EXCISE, TRICHUR DIVISION, TRICHUR. 2. STATE OF KERALA, REPRESENTED BY THE STATE PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SMT.A.SREEKALA, ADDL.CGSC SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 574 of 2008 ========================== Dated this the 12th day of February, 2008. O R D E R In this petition filed under Section 482 of the Cr.P.C, the petitioner seeks to quash Annexure-II complaint and all further proceedings in C.C. No. 226 of 1990 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam or on the alternative to stay all proceedings in the above C.C till the disposal of the appeal before the Customs, Excise and Gold (Central) Appellate Tribunal, Madras (CEGAT for short) as remanded by this Court in Annexure-IV judgment dated 26.11.2007 in O.P.No. 16489/1998. Even though the prayer to quash the proceedings before the Magistrate cannot be granted, I am inclined to grant the stay as prayed for by the petitioner in view of the fact that as per Annexure-III order this Court had on an early occasion stayed the proceedings before the Chief Judicial Magistrate pending disposal of the appeal by the CEGAT. Accordingly, this Crl.M.C is disposed of adjourning the proceedings in C.C. No. 226/1990 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam till the disposal of the appeals by the CEGAT pursuant to remand under Annexure IV judgment referred to above. V. RAMKUMAR, JUDGE. rv