High Court Kerala High Court

K.P. Mohanan vs State Of Kerala on 19 February, 2007

Kerala High Court
K.P. Mohanan vs State Of Kerala on 19 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2952 of 2004()


1. K.P. MOHANAN, (OWNER) ZERO B WATER
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. GOPINATHAN NAIR, FOOD INSPECTOR

                For Petitioner  :SRI.P.A.AHAMMED

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice A.K.BASHEER

 Dated :19/02/2007

 O R D E R
                              A.K. BASHEER, J.

                          --------------------------

                      CRL.M.C.  NO. 2952 OF 2004

                             ---------------------


               Dated this the 19th day of February, 2007


                                   O R D E R

Petitioner, who is being prosecuted for offences punishable

under Section 2(ia), 7(1), 16(1) a(1) Section 17 and Sub Rule 28

of Rule 49 & Rule 50 of the Prevention of Food Adulteration Act

and the Rules has filed this petition under Section 482 of the

Code of Criminal Procedure praying for quashing the above

proceedings.

Having heard learned counsel for the petitioner and having

perused the materials on record, I am of the view that no

interference is warranted in the matter at this stage. Learned

counsel for the petitioner submits that petitioner may be allowed

to raise all the contentions before the Trial Court including the

question of maintainability of the complaint. I find no reason

why the court below shall not consider the various contentions

that may be urged by the petitioner at the appropriate stage.

With that liberty reserved in favour of the petitioner, this Crl.M.C.

is closed. It is made clear that I have not considered the merits

of any contentions raised by the petitioner in this petition.

A.K. BASHEER, JUDGE

vps

KURIAN JOSEPH, JUDGE

OP NO.

JUDGMENT

21st DECEMBER, 2006

A.K. BASHEER, JUDGE

vps

KURIAN JOSEPH, JUDGE

OP NO.

JUDGMENT

21st DECEMBER, 2006