IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Crl.MC.No. 829 of 2008 ------------------------ CC.1220/2003 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED ------------------- GEORGE VINCENT, S/O.DEVASSY, KATTETH MYALIL, (KARUTHEDATHU) HOUSE, NEAR HILL PALACE, THIRUVAMKULAM VILLAGE, P.O.COCHIN PALACE, THRIPUNITHURA. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M..S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 829 of 2008 = = = = = = = = = = = = = = Dated this the 27th day of February, 2008 ORDER Petitioner, who is the accused in C.C.No.1220/2003 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam for alleged contravention of an order under Section 3(2)(b) read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act'), seeks to quash the said proceedings pending before the magistrate. 2. According to the petitioner, the charge does not mention the order passed under Section 3(2)(b) of the Act, which is alleged to have been violated by the petitioner so as to become liable for punishment under Section 7(1)(a)(ii) of the Act. 3. Learned Public Prosecutor, on the other hand, would submit that the order, which the petitioner has infringed is the Kerala Land Utilization Order, issued under Section 3(2)(b) of the Act and it is the breach of the said order which has made him liable for punishment under Section 7(1)(a)(ii) of the Act. Since the learned Magistrate has taken cognizance of the offence in the year 2003 and the charge also was framed against the petitioner, the proper course for the petitioner is to stand trial and raise all his contentions before the court below at the appropriate stage. Reserving this right of the petitioner, the Crl.M.C.is dismissed. ks. V. RAMKUMAR, JUDGE ks.