IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Crl.MC.No. 3285 of 2010() ------------------------------------- C.C.NO.902/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEYYATINKARA. .............. PETITIONER/2ND ACCUSED ----------------------------------------- SHAJI, AGED 37 YEARS, S/O.NEELAKANDAN PILLAI, POTTAYIL HOUSE, NEAR POTTAYIL DEVI TEMPLE, POOVAR, THIRUPURAM VILLAGE, NEYYATINKARA. BY ADV. SRI.JAIBY PAUL RESPONDENT/COMPLAINTANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-31. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3285 of 2010 -------------------------- ORDER Petitioner, the second accused in C.C.No. 902/2004 on the file of Judicial First Class Magistrate's Court-II, Neyyattinkara, taken cognizance for the offence under Order VI of Kerala Motor Spirit and High speed Diesel Oil (Maintenance and Regulation of Supplies) Order read with Sections 3 and 7(1)(a)(ii) of Essential Commodities Act, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that though the case has been pending from 2004 onwards, it is not being disposed and Section 6 of Essential Commodities Act expressly provide that a report regarding confiscation in respect of the essential commodity shall be made to the District Collector without reasonable delay and the final report does not disclose whether such a report has been sent and there is a delay of twenty CRMC 3285/10 2 days in submitting the report and therefore, the case is to be quashed. 2. On hearing the learned counsel, I do not find any reason to quash the criminal proceedings pending before the Magistrate for the last six years at this stage, on the ground that there is delay in disposing the case. Petitioner is at liberty to raise all the contentions including the contention of non compliance of the provisions of Section 6 of Essential Commodities Act before the Magistrate. Judicial First Class Magistrate-II, Neyyattinkara is directed to dispose C.C.No. 902/2004 expeditiously. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv