BABURAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner to quash the proceedings in CC.2174/2011 pending before the Judicial First Class Magistrate Court-Chalakudy under section 482 of Code of Criminal Procedure.

(2.) It is alleged in the petition that petitioner has been arrayed as sixth accused in the case. Originally, the petitioner was not implicated in the case and only at the time the final report was filed, he has been arrayed as an accused. The allegation was that he along with others have violated the provisions under Clause 5A of the Kerala Rationing Order and thereby, he committed the offence punishable under section 3 and 7 of the Essential Commodities Act. According to the petitioner, the articles were transported from the Food Corporation of India godown along with the truck chit and while it was going to the petitioner's shop, the officials have intercepted the same, and registered the crime. So according to him, no offence has been committed by him. He also filed W.P. (C).No.16523/2011 and by Annexure-A8 order, this court prevented the police from producing the seized food grains either before the District Collector or before the concerned court and ultimately, the petition was disposed of by Annexure-A10 judgment, directing the petitioner to approach the District Collector or the learned Magistrate for interim custody of the vehicle and articles. The petitioner also moved Annexure-A11 application before the Magistrate seeking interim custody of these articles seized and that is also pending. According to the petitioner, the prosecution against him will not lie and proceedings with the case will only amount to abuse of process of court. So the petitioner has no other remedy except to approach this court seeking the following relief:-

(3.) On the basis of the allegations in the petition, this court has called for a report from the concerned Magistrate court regarding the present stage of the case and the learned Magistrate has sent a report which reads as follows:-