In this criminal miscellaneous case regarding alleged cheating under legal metrology provisions, the High Court of Kerala disposed of the petition without merits, leaving argument for the lower court.
The High Court disposed of the Criminal Miscellaneous Case, directed the court below to consider merits, and granted exemption from personal appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 11TH DAY OF JANUARY 2018 / 221ST POUSHA, 1939
Crl.MC.No. 7725 of 2016
-----------------------ST 5478/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT - I, CHALAKUDY
PETITIONERS :
------------
1. BABY E.N., MANAGING PARTNER, ESSEN TRADING COMPANY, PALISSERY, ANNAMANADA P.O, THRISSUR DISTRICT.
2. GOPAKUMAR E.N,PARTNER,
3. M/S. ESSEN TRADING COMPANY,PALISSERY, ANNAMANADA P.O. THRISSUR DISTRICT
BY ADV.SRI.O.D.SIVADAS
RESPONDENTS :
1. THE ASSISTANT CONTROLLER OF LEGAL METROLOGY, NET CONTENT VERIFICATION UNIT, ERNAKULAM.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
BY PUBLIC PROSECUTOR SRI.AMJATH ALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 7725 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1 COPY OF THE MEMO ISSUED BY THE 1ST RESPONDENT. ANNEXURE A2 COPY OF THE REPORT DATED 26.8.2015 SUBMITTED BY THE 1ST RESPONDENT. ANNEXURE A3 COPY OF THE PROCEEDINGS DATED 12.5.2016 ISSUED BY THE 1ST RESPONDENT. ANNEXURE A4 COPY OF THE REPLY DATED 3.6.2016 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT ANNEXURE A5 COPY OF THE JUDGEMENT DATED 3.8.2016 IN WPC 25683/2016 ANNEXURE A6 COPY OF THE ACKNOWLEDGEMENT ANNEXURE A7 COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT ANNEXURE A8 COPY OF THE ORDER DATED 7.8.2006 ISSUED BY THE DIRECTOR, LEGAL METROLOGY UNIT, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, DEPARTMENT OF CONSUMER AFFAIRS, GOVT. OF INDIA.
RESPONDENT'S ANNEXURES :
ANNEXURE R1(a): COPY OF THE WEIGHT CHECKING DATE SHEETS. ANNEXURE R1(b): COPY OF THE JUDGEMENT NO.WPC 33030/15, DATED 29/3/2016. ANNEXURE R1(c): REVIEW PETITION NO.910/2016 DATED 14/11/2016.
//TRUE COPY//
P.S. TO JUDGE
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B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 7725 of 2016
............................................................... Dated this the 11th day of January, 2018
O R D E R
Petitioners are accused in S.T. No.5478/2016 of the Judicial First Class Magistrate's Court, Chalakudy.
With liberty to the petitioners to approach the court below with the above said contentions, at appropriate stage, this Crl.M.C. is disposed of. As far as practicable, the court below shall grant exemption to the petitioners from personal appearance.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy]
P.S. to Judge.
BABY E.N., GOKAPUMAR E.N., M/S. ESSEN TRADING COMPANY
ASSISTANT CONTROLLER OF LEGAL METROLOGY, STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
