IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 5080 of 2003()
1. M.KHADER IBRAHIM,
... Petitioner
2. M.RAJA MUHAMMED, S/O. N.V.K.MUHAMMED,
Vs
1. JOSE C.L.,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.V.G.SANKARAN
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :30/11/2006
O R D E R
K.R. UDAYABHANU, J
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CRL. M.C. NO. 5080 OF 2003
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Dated this the 30th day of November 2006
ORDER
The petitioners, who are accused persons 3 and 4 in S.T.
No. 410/2001 in the file of Chief Judicial Magistrate, Thrissur, has
sought for setting aside the proceedings against them on the
ground that they are Directors of the particular manufacturing
company and that the complaint did not contain averments in
terms of section 17(4) of the PFA Act. Further the company has
nominated a person vide Annexure 2 under section 17(2) and
hence the prosecution will lie only against the nominee. The
counsel has also relied on the decision reported in Govinda Rao
v.
Food Inspector (20
02 (1) KLT 843) to fortify his contentions.
2. In the circumstances and in view of the explanation to
section 17(2) and rule 12(b) of the P.F.A. Rules and in absence of
specific allegations in consonance with section 17(4) and in view
of Annexure 2, the nomination, I find that the prosecution of
petitioners who are accused 3 and 4 would not maintainable.
Crl. M.C. No. 5080 of 2003 2
Considering the fact that the nomination has to be specifically as
per the terms of Rule 12(b) the matter can be considered by the
court below.
In the circumstances, the petitioners are directed to apply
before the court below for discharge. The personal appearance of
the petitioners/accused 3 and 4 is not to be insisted. The
petitioners shall apply for exemption from appearance and the
same shall be allowed till the discharge petition is disposed of.
The petitioners shall apply for discharge producing the relevant
documents. The court will dispose of the same on merits. The
prosecution will be at liberty to initiate proceedings against the
nominee as per law. The Crl. M.C is disposed of accordingly.
K.R. UDAYABHANU, JUDGE.
RV
Crl. M.C. No. 5080 of 2003 3