IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Crl.MC.No. 2307 of 2010() ------------------------- ST.1266/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONERS: ACCUSED ---------------------- 1. RAVI @ KADUKKA RAVI, AGED 46 YEARS, S/O.JANARDANAN, RESHMI BHAVAN, MAHADEVARU PACHA, KALLARA VILLAGE,. 2. SATHEESH KUMAR, AGED 43 YEARS, S/O.SEKHARAN, PEDIKULAM THOTTATHIL VEETTIL, PEDIKULAM, PULIMATH DESOM, PULIMATH VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KILIMANOOR. PUBLIC PROSECUTOR SRI.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2307 of 2010 -------------------------------------- Dated this the 28th day of June, 2010 ORDER The petitioners are the accused in S.T.No.1266 of 2010 on the file of the Judicial Magistrate of the First Class, Attingal for an offence punishable under Section 4(1A) read with Section 21(1) of the Mines and Minerals (Regulation and Development)Act, 1957. The petitioners seek to quash Annexure A1 F.I.R. and the subsequent proceedings pending before the Magistrate. The above case involve summons trial. 2. It is too early for this Court, exercising jurisdiction under Section 482 Cr.P.C, to quash the complaint and subsequent proceedings and also consider whether the ingredients of the offences are made out in the prosecution records. The Magistrate can state the substance of accusation to the accused and record their plea under Section 251 Cr.P.C only if the substance of accusation contains the ingredients of the offence alleged. In the light of the decision in Kamala Rajaram v. State of Kerala (2005(3) KLT 617), it is open to the petitioners to raise the present contentions at the time when the learned Magistrate records their plea under Section 251 Cr.P.C. Crl.M.C.No.2307/2010 : 2 : 3. The learned counsel for the petitioners prays for exemption from appearance while raising the above plea before the Magistrate. I am inclined to permit the petitioners to be represented through their counsel. Accordingly, if the petitioners file a petition for exemption during the stage of 251 Cr.P.C, the learned Magistrate shall consider the contention of the petitioners while recording their plea without insisting on their personal appearance. The plea of the accused can be recorded through their counsel. This Crl.M.C is accordingly disposed of as above. Dated this the 28th day of June, 2010. V.RAMKUMAR, JUDGE skj