K.M.Musthaffa vs 1. State Of Kerala Rep.By The ...
2022 Latest Caselaw 7801 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
           Tuesday, the 28th day of June 2022 / 7th Ashadha, 1944
              CRL.M.APPL.NO.1/2022 IN CRL.MC NO. 4171 OF 2022

           CRIME NO.82/2017 OF RAILWAY POLICE STATION ERNAKULAM

  C.C.791/2017 of the Judicial First Class Magistrate Court-I, Ernakulam

PETITIONER/ACCUSED   NOS 2:

     K.M.MUSTHAFFA AGED 43 YEARS S/O MUTHU, EMM MAIN STREET,
     PERIYATHOTTAM,CHINNAMALAI, ERODE, TAMILANADU NOW RESIDING AT 676/1,
     PATHAMPADAM, EDATHARA P.O, PALAKKAD DISTRICT, PIN - 678611

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,
     COCHIN., PIN - 682031
  2. STATION HOUSE OFFICER, RAILWAY POLICE STATION, PLOT-1, SOUTH SIDE,
     ERNAKULAM DISTRICT., PIN - 683011

     Application praying that in the circumstances stated therein the
High Court be pleased to stay all further proceedings in C.C.791/2017 on
the file of the Judicial First Class Magistrate Court-I, Ernakulam as
against the petitioner pending consideration of the above Criminal
Miscellaneous   petition to secure justice.
     This Application coming on for admission upon perusing the
application and upon hearing the arguments of M/s. K.SANEESH KUMAR and
V.B.SANTHINI, Advocates for the petitioner and the Public Prosecutor for
respondents, the court passed the following:
 Crl.M.C.No.4171/22                  1




                      ZIYAD RAHMAN A.A., J.
                   --------------------------------------
                       Crl.M.C.No.4171 of 2022
                                     &
                         Crl.M.A.No.1 of 2022
                   --------------------------------------
                 Dated this the 28th day of June, 2022


                               ORDER

Admit. The learned Public Prosecutor takes notice for

the respondents.

Crl.M.A.No.1 of 2022

The offences alleged against the petitioner in this case

are under Sections 50, 59(ii) and 56 of the Food Safety and

Standards Act, 2006 and also under Sections 269 and 273 of

the Indian Penal Code. It is pointed out by the learned

counsel for the petitioner that, as far as the prosecution for

the offences under the Food Safety and Standards Act, 2006 is

concerned, there is a separate mechanism contemplated

under the Act and the 2 nd respondent is not competent to

initiate prosecution in respect of the said offence as per the

statutory scheme contemplated therein. Reliance was also

placed on a judgment rendered by the High Court of

Karnataka in Christy Fried Gram Industry, Bangalore and

Another v. State of Karnataka and Others [2016 CriLJ

482]=[2016 KHC 2428].

On examining the entire aspect, I find a prima facie case

in favour of the petitioner. In such circumstances, there shall

be an interim order staying all further proceedings against the

petitioner in C.C.No.791 of 2017 on the file of the Judicial

First Class Magistrate Court-I, Ernakulam for a period of four

months.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

DG/28.06.22

28-06-2022 /True Copy/ Assistant Registrar