IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Crl.MC.No. 3646 of 2011() ----------------------- CC.125/2008 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR ................... PETITIONER / ACCUSED : -------------------------------------- K.K.JOYSON, S/O.KOCHUVARRED, THEKKE ANGADY, IRINJALAKUDA, THRISSUR. BY ADV. SRI.P.K.SAJEEV RESPONDENTs / COMPLAINANT & STATE : -------------------------------------------------------------- 1. E.S.I.CORPORATION, REGIONAL OFFICE (KERALA REGION), "PANCHDEEP BHAVAN", NORTH SWARAJ ROUND, THRISSUR, PIN-680001 REPRESENTED BY ITS INSPECTOR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.P. SANKARANKUTTY NAIR, SC R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 3646 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A1: TRUE COPY OF COMPLAINT IN CC 125/2008 DATED 9-7-2008. ANNEXURE A2: TRUE COPY OF THE APPLICATION DATED 27-6-2011 IN IC 29/2011. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3646 of 2011 ----------------------------------- Dated this the 25th day of October 2011 O R D E R Petitioner is the accused in C.C.No.125/2008 on the file of Chief Judicial Magistrate Court, Thrissur. The complaint was filed against the accused alleging commission of offences punishable under Secs.85(a) and 85(e) of the Employees State Insurance Act, 1948. The learned counsel appearing for the petitioner submits that as against the order passed by the Assistant Director of E.S.I. under Sec.45A, an application under Secs.75 and 77 of the E.S.I.Act was filed before the E.S.I.Court, Palakkad. According to the learned counsel, as the application is pending before that court, the prosecution cannot be sustained. 2. The learned Standing Counsel appearing for E.S.I. Corporation would submit that the complaint was filed in Crl.M.C. No.3646 of 2011 -: 2 :- the year 2008 and as the prosecution evidence was over, now the case is posted for argument. The application under Secs.75 and 77 of the Act was stated to have been filed in the 2011 only and as such, the request made by the accused should not be entertained. 3. As submitted by the learned Standing Counsel for the first respondent, the case was filed in the year 2008 but this application has been filed only after three years. Before the trial court the case is now actually posted for argument. Hence, I am not inclined to stay the proceedings pending before the learned Magistrate or to pass any interim orders in this case. The petitioner can raise all his contentions before the learned Magistrate. This Crl.M.C. is hence dismissed. N.K.BALAKRISHNAN, JUDGE. Jvt