High Court Kerala High Court

Jasmin Rasheed vs State Of Kerala on 17 September, 2009

Kerala High Court
Jasmin Rasheed vs State Of Kerala on 17 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1619 of 2009()


1. JASMIN RASHEED, AGED 48 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :17/09/2009

 O R D E R
             M.SASIDHARAN NAMBIAR,J.

             ------------------------------------------
              CRL.M.C.NO. 1619 OF 2009
             ------------------------------------------

            Dated      17th September             2009


                          O R D E R

Petitioner is the second accused in

S.T.143/1996 on the file of Judicial First Class

Magistrate-I, Aluva taken cognizance for the offence

under Sections 2(ia) (a) (m), 7(i), 17(1)(a) (i) &

(b) 16(1) (a) (i) (ii) of Prevention of Food

Adulteration Act. This petition is filed under

Section 482 of Code of Criminal Procedure to quash

the cognizance taken contending that continuation of

the proceedings is an abuse of process of court. It

is contended that food articles were purchased 14

years back and in such circumstances, continuation

of the proceedings is illegal.

2. On hearing the learned counsel, I

find no reason to exercise the extra ordinary powers

under Section 482 of Code of Criminal Procedure to

quash the proceedings which has been taken

cognizance by the learned Magistrate in 1996.

Petitioner is entitled to raise all the contentions

CRMC 1619/09
2

before the learned Magistrate.

Petition is dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.