Dismissed

M/S. Dlf Projects Limited v. Assistant Controller, Legal Metrology, Ernakulam

Kerala HC3 Nov 2020Crl.MC/5897/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the High Court of Kerala held that allegations regarding defects in a sold weigh bridge require adjudication by the Trial Court. Thus, no ground exists to exercise inherent jurisdiction under Section 482 CrPC regarding the accused's liability. The petition is dismissed.

What did the court decide?

Crl.M.C. dismissed with liberty to file discharge petition.

M/S. Dlf Projects Limited Vs Assistant Controller… — Writ and Judicial Review | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942

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Crl.MC.No.5897 OF 2014 (B)

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ST 8036/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA

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PETITIONERS/ACCUSED No.1 TO 8:

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1 M/S. DLF PROJECTS LIMITED, 3RD FLOOR, SHOPPING MALL COMPLEX, DLF CITY PHASE-I, ARJUN MARG, GURGAON-122002, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.MOHIT GUJRAL.

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2 SRI.SALIM M.KRISHNAN, ASSISTANT VICE PRESIDENT, DLF PROJECTS LIMITED, PROJECT DLF NEW TOWN HEIGHTS, VSNL-MUTTATHUKADU ROAD, KAKKANAD, KOCHI-30.

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3 MR.N.MANOHARAN, AGED 48 YEARS, S/o K.NARAYANAN, MANO NIVAS, CVRA 16A, VENNALA, ASST.GENERAL MANAGER, DLF PROJECTS LIMITED, PROJECT DLF NEW TOWN HEIGHTS,

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VSNL-MUTTATHUKADU ROAD, KAKKANAD, KOCHI-30.

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4 MS.DLF SOUTHERN TOWNS PRIVATE LIMITED, 1-E, JANADEVALAN EXTENSION, NAAZ CINEMA COMPLEX, NEW DELHI, REPRESENTED BY MR.HARSH DHAR, TECHNICAL DIRECTOR.

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5 MR.SANDEEP AGARWAL, GENERAL MANAGER, 2ND FLOOR, GATEWAY TOWER, DLF CITY PHASE-III, GURGAON-122002.

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6 MR.J.K.SUBRAMANION, DIRECTOR, 2ND FLOOR, GATEWAY TOWER, DLF CITY PHASE III, GURGAON-122002.

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7 MR.SUROJITH BASAK, DIRECTOR, 2ND FLOOR, GATEWAY TOWERS, DLF CITY PHASE-III, GURGAON-122002.

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8 MR.T.V.RAMACHANDRAN, DEPUTY MANAGER (STORES), DLF PROJECTS LIMITED, PROJECT DLF NEW TOWN HEIGHTS, VSNL- MUTTATHUKADU ROAD, KAKKANAD, KOCHI-30.

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Crl.M.C.No.5897 of 2014

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BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS

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RESPONDENTS/COMPLAINANT & STATE:

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1 ASSISTANT CONTROLLER, LEGAL METROLOGY, KAKKANAD P.O., ERNAKULAM -682030.

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2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.11.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.5897 of 2014

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ORDER

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It is a matter pertaining to sale of a weigh bridge by accused No.1 to accused No.10 on 19.05.2012 which was found to be defective on an inspection conducted on 27.05.2013 by the authorities. The ground raised is that accused Nos.1 to 9 are not responsible for the defect found after one year of the sale. The questions whether accused Nos.1 to 9 are responsible for the defect and any criminal liability can be fastened against them require adjudication by the Trial Court. Hence cannot be a ground to exercise the inherent jurisdiction under Section 482 Cr.P.C.

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It is submitted that they are intending to file a discharge petition. Without prejudice to that right, Crl.M.C. is hereby dismissed.

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Sd/-

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P.SOMARAJAN JUDGE

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DMR/-

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Crl.M.C.No.5897 of 2014

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE-A TRUE COPY OF THE ST NO.8036 OF 2013 PENDING BEFORE THE JFCM-I, ALUVA. ANNEXURE-B TRUE COPY OF THE TAX INVOICE NO.DPL/KE/KKD/004/12-13 DATED 19-5-2012 OF THE 1ST PETITIONER. ANNEXURE-C TRUE COPY OF CERTIFICATE OF COMPLIANCE DATED APRIL, 2014, EXECUTED BETWEEN THE 1ST PETITIONER AND M/S.SHAPOORJI PALLONJI AND CO. ANNEXURE-D TRUE COPY OF THE SHOW CAUSE NOTICE DATED 06.07.2013 ISSUED BY THE 1st RESPONDENT. ANNEXURE-E TRUE COPY OF THE REPLY TO SHOW CAUSE NOTICE DATED 15-7-2013 SUBMITTED BY THE 8TH PETITIONER TO THE 1st RESPONDENT. ANNEXURE-F TRUE COPY OF NOTICE DATED 7-11-2013 ISSUED BY THE 1st RESPONDENT. ANNEXURE-G TRUE COPY OF THE REPLY DATED 6-12-2013 ISSUED BY THE 3RD PETITIONER.

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RESPONDENTS' ANNEXURES:

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ANNEXURE R1(a) : A PHOTOCOPY OF THE LETTER No.WM/9(6)/2010 PTI DATED 15.04.2010. ANNEXURE R2(b) : A PHOTOCOPY OF THE LETTER No>.9603/CA4/ 10/CAD DATED 30.09.2010. ANNEXURE R3(c) : A PHOTOCOPY OF THE COMPLAINT FILED BY THE ASSISTANT CONTROLLER, LEGAL METROLOGY, ERNAKULAM BEFORE THE HON'BLE JFMC-1, ALUVA. ANNEXURE R4(d) : A PHOTOCOPY OF THE PAGE Nos. 4 & 5 OF THE COMPLAINT. // TRUE COPY //

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P.A. TO JUDGE

M/S. Dlf Projects Limited v. Assistant Controller, Legal Metrology, Ernakulam

Case brief

What is this about?

What did the court decide?

M/S. Dlf Projects Limited v. Assistant Controller, Legal Metrology, Ernakulam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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