IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Crl.Rev.Pet.No. 305 of 2008() ----------------------------- CC.105/2002 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... REVN. PETITIONER: ACCUSED 5 AND 6: ---------------------------------- 1. R.ROY CHOUDHARI, M/S.PHILIPS CARBON BLACK LTD., 31, NETAJI SUBHASH ROAD, KOLKATA 700 001. 2. V.R.MENON, MANAGER (POLLUTION CONTROL) M/S.PHILIPS CARBON BLACK LTD., KARIMUGHAL, BRAHMAPURAM P.O., KOCHI 682303. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: RESPONDENTS: ------------------------- 1. SABU THOZHUPADAN, S/O.KURUVILLA, AGED 37, THOZHUPADAN HOUSE, KARIMUGHAL, BRAHMAPURAM P.O., KOCHI 682 303. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY DIRECTOR GENERAL OF PROSECUTION SRI. P.G. THAMBI THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 305 of 2008 * * * * * * * * * * * * * * * * * * Dated: 14th day of February 2008 ORDER Petitioners who are accused Nos. 5 and 6 in C.C. No. 105 of 2002 on the file of the J.F.C.M. I, Kolencherry for an offence punishable under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 seek to quash Annexure II order dated 5- 12-2007 passed by the Magistrate to the following effect :- “Both sides applied. A prima facie case has been made out against accused. For framing charge to 02-01-2008”. 2. On an earlier occasion, this Court in Crl. M.C. Nos. 3608 and 4462 of 2002 filed by the accused persons had quashed the proceedings as against all the accused except accused Nos. 1, 5 and 6 and had directed the Magistrate to call for the records from the Kerala Pollution Control Board and to hear both sides and pass order as to whether there was any prima facie case made out against accused Nos. 1, 5 and 6. In spite of that direction what the learned Magistrate has done is to pass a cryptic order as extracted above. Yet another illegality is that , if at all, charge had to be framed that could only be done as against accused Nos. 1, 5 and 6, but instead, Crl.R.P. No. 305 of 2008 -:2:- charge has been framed against the remaining 16 accused persons also who were discharged by this Court. 3. Sri.P.G. Thambi, the learned Director General of Prosecutions also fairly conceded that the order passed by the Magistrate is not in compliance with the directions of this Court. 4. Accordingly, Annexure II order dated 5-12-2007 is quashed and the learned Magistrate shall pass revised orders in compliance of the directions in the common order dated 1-3- 2004 passed by this Court in Crl. M.C. Nos. 3608 and 4462 of 2002. The petitioners shall be permitted to plead for a discharge in absentia and the Magistrate shall pass final orders in the matter without insisting on the personal appearance of the petitioners. This Crl.R.P is disposed of as above. V. RAMKUMAR, (JUDGE) ani. Crl.R.P. No. 305 of 2008 -:3:-