IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 7651 of 2009(Q) ------------------------- (ST.2448/2008 of J.M.F.C.-II, ERNAKULAM) .................... PETITIONERS: -------------------- 1. SHIBI P.V., CHERIYATHU HOUSE, S.ADUVASSERY P.O., ERNAKULAM - 683 578. 2. SANTHOSH C.C., CHERIYATHU HOUSE, S.ADUVASSERY P.O., ERNAKULAM - 683 578. 3. M.MADHAVAN NAIR, MELEPPATT VEEDU, PANAMANNA P.O., OTTAPPALAM, PALAKKAD. 4. M/S.SRI SAI ENTERPRISES, IOC DEALER, SOUTH CHITTOOR, ERNAKULAM - 27, REPRESENTED BY ITS PROPRIETOR. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT --------------------- THE INSPECTOR OF LEGAL METROLOGY, FLYING SQUAD, ERNAKULAM. BY GOVERNMENT PLEADER SRI.T.B.HOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2011, ALONG WITH WPC NO. 3087 OF 2009 WPC NO. 4907 OF 2009 AND WP(C) 37752 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: (W.P.(C) 7651 OF 2009) -------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF COMPLAINT S.7.2448/08 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM FILED BY THE RESPNDENT. EXT.P2. COPY OF CERTIFICATE OF VERIFICATION ISSUED TO THE PETITIOERS BY THE RESPONDENT. EXT.P3. COPY OF JUDGMENT DATED 1.1.08 IN WP.(C) NO.544/08 OF THIS HON'BLE COURT. EXT.P4. COPY OF JUDGMENT DATED 12.09.07 IN WP(C) NO.27563/05 OF THIS HON'BLE COURT. EXT.P5. COPY OF ORDER DATED 29.1.09 WP(C) NO.3087/09 OF THIS HON'BLE COURT. EXT.P6. COPY OF ORDER DATED 13.2.09 IN WP(C) NO.4907/09OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS -------------------------------------- ANNEXURE . A. COPY OF THE REQUEST OF THE 2ND PETITIONER BEFORE THE INSPECTOR. / TRUE COPY / P.A. TO JUDGE VK Bhabani Prasad Ray, J. ==================================== WP(C) No.7651 of 2009 ==================================== Dated this the 8th day of February, 2011 JUDGMENT Heard the learned counsel for the petitioners and Government Pleader for the respondent. The petitioners in this writ petition are challenging the complaint filed as S.T.No.2448 of 2008 on the file of Judicial First Class Magistrate-II, Ernakulam by the respondent herein under Section 63 of Standards and Weights and Measures (Enforcement) Act, 1985. 2. The learned counsel appearing for the petitioners states that they will raise all relevant points at the time of framing of charge. This is a complaint case. The petitioners submit that they are busy in their business and they may not be required to appear personally on any date of hearing. Therefore personal appearance of the petitioners may not be insisted upon unless it is Wpc 7651/2009 -:2:- required for a specific purpose. It is open to the petitioners to file an application under Section 205 of the Code of Criminal Procedure on or before 26.2.2011. If such an application is filed, the Magistrate shall do well in dispensing with the personal appearance of the petitioners with such conditions as he deems fit during the trial and if their personal appearance is required for any specific purpose, petitioners shall appear on the day as directed by the Magistrate. As this case is an year old case, the learned Magistrate is directed to dispose of the case as expeditiously as possible, preferably within six months from the date of receipt of a copy of this judgment. With the above observation, this writ petition is disposed of. Bhabani Prasad Ray, Judge. lgk