IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Crl.MC.No. 193 of 2010(B) ------------------------------------ [ST.NO.1145/2008 OF JUDL. FIRST CLASS MAGISTRATE COURT-II, KOTTARAKKARA] .................... PETITIONERS/ACCUSED 1 -3: ------------------------------------------ 1. K.M.BABU, AGED 55 YEARS KAIPALLAZHIKATHU, MARUTHAMONPALLY, POOYAPPALLY P.O, KOLLAM DISTRICT, PROP.OF M/S. M.V.M AYURVEDIC RESEARCH LAB ,B.NO.VI/ 346, MARUTHAMONPALLY, POOYAPPALLY P.O, KOLLAM. 2. MRS. SHEEBA BABU, AGED 26 YEARS, KAIPALLAZHIKATHU, MARUTHAMONPALLY POOYAPPALLY P.O, KOLLAM DISTRICT, PROPRIETRESS OF M/S.BABU ADVERTISING & MARKETING CONSULTANCY KAIPALLAZHIKATHU, MARUTHAMONPALLY, POOYAPPALLY P.O., 3. K.VINOD KUMAR, AGED 27 YEARS ACCOUNTANT OF M/S.BABU ADVERTISING & MARKETING CONSULTANCY KAIPALLAZHIKATHU, MARUTHAMONPALLY POOYAPPALLY P.O.,KOLLAM DISTRICT. BY ADVS. SMT.S.K.DEVI, MR.SANTHOSH P.ABRAHAM. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY DR.JAYA V.DEV, DRUGS INSPECTOR, (AYURVEDA), OFFICE OF THE ASST.DRUGS CONTROLLER, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 193 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 10th day of February, 2010 O R D E R This is a petition filed under section 482 the Code of Criminal Procedure seeking to have proceedings in S.T. No. 1145 of 2008 pending before the Judicial Magistrate of First Class-II, Kottarakkara quashed. 2. Petitioners are the accused in S.T.No.1145 of 2008 before the Judicial Magistrate of the First Class-II, Kottarakkara having committed offences punishable under section 10 of the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1956. The allegation against the petitioners is that on 6-9-2006 an objectionable advertisement was published in The Hindu Daily. Point now taken by the petitioners is that the complaint is barred by limitation and the court cannot take cognizance on the said allegation. If such a contention is available it can be taken before the court below. Leaving opportunity of the petitioners to urge the plea of limitation before the court Crl.M.C.193/10 2 below, this petition is disposed of. If this plea is raised, the court below shall consider the same in accordance with law. P.BHAVADASAN, JUDGE. mn.