IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.MC.No. 3422 of 2008() ------------------------------------- (AGAINST C.C.NO.14 OF 1993 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE),ERNAKULAM) PETITIONERS: ACCUSED 1, 6 & 7: -------------------------------------------------- 1. M/S.SABAH TRADERS, COPRA DEALERS, P.T.ROAD, BADAGARA, REPRESENTED BY ITS MANAGING PARTNER SHRI.P.K.MAMMU. 2. V.C.BEEVI, PARTNER, M/S.SABAH TRADERS, COPRA DEALERS, P.T.ROAD, BADAGARA. 3. P.SABIRAH, PARTNER, M/S.SABAH TRADERS, COPRA DEALERS, P.T.ROAD, BADAGARA. BY ADV. SRI.S.ARUN RAJ RESPONDENT: COMPLAINANT: ---------------------------------------------- INCOME TAX OFFICER, WARD-2, DIVISION-II, POPULAR BUILDINGS, WAYANAD ROAD, CALICUT. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3422 of 2008 ------------------------------------------------- Dated this the 5th day of September, 2008 ORDER The petitioners are accused 1, 6 and 7 in a prosecution pending before the learned Additional Chief Judicial Magistrate, (Economic Offences), Ernakulam, from 1993. The case has been registered as C.C.No.14/93. The case has now reached the stage of 313 examination. The petitioners have now come to this Court with a prayer that the proceedings against them may be quashed. According to the petitioners, the case against the 2nd accused has been quashed and, in these circumstances, there is every reason to justify their prayer for quashing of the proceedings. 2. I am not persuaded to agree that at this fag end of the proceedings where the case stands posted to 313 examination this Court must invoke its powers under Sec.482 Cr.P.C. The Crl.M.C. No. 3422 of 2008 -: 2 :- petitioners can raise all contentions before the learned Magistrate including the contention that the case that the case against the co-accused has already been quashed by the High Court. I am not persuaded to agree that at this fag end of the proceedings powers under Sc.482 Cr.P.C. deserves to be invoked. 3. This Crl.M.C. is accordingly dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3422 of 2008 -: 3 :-