IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Crl.MC.No. 2362 of 2009() ------------------------- PETITIONER(S): RESPONDENT: -------------------------------------------------- FACT COCHIN DIVISION, AMBALAMEDU P.O. REPRESENTED BY GENERAL MANAGER J.SREENAGESH. BY ADV. SRI.E.K.NANDAKUMAR RESPONDENT(S): PETITIONER: --------------------------------------------------- 1. VADAVUCODE PUTHENCRUZ GRAMA PANCHAYAT P.O. 682308 REPRESENTED BY ITS SECRETARY. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2362 of 2009 = = = = = = = = = = = = = = Dated this the 30 th day of June, 2010 ORDER Petitioner Company which is the accused in S.T.No.133/2009 on the file of the J.F.C.M, Kolenchery for an offence punishable under Section 210 of the Kerala Panchayat Raj Act and Rule 27 of the Kerala Panchayat Raj (Taxation Levy and Appeal) Rules 1996 seeks to quash the complaint as well as all further proceedings. 2. It is a summons trial case. Admittedly on 19.6.2010 the learned Magistrate has read over the particulars of the offences to the petitioner and has taken the plea of the petitioner under Section 251 Cr.P.C. If so, the trial has already been started and the only course now open to the petitioner is to face the trial. Since a question of identity does not arise for consideration during trial of the case, the General Manager of the petitioner is permitted to participate in the subsequent stages of trial by filing a petition for personal exemption. In case a petition for personal exemption is filed before the Magistrate incorporating Crl. M.C. No. 2362 of 2009 2 appropriate averments, that court shall exempt the General Manager of the petitioner company from appearing before the Magistrate, unless his personal appearance is felt inevitable during any subsequent stage of the case. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 30 th day of June, 2010. V. RAMKUMAR, JUDGE sj