IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1682 of 2010() ------------------------- CC.147/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER(S)/ACCUSED 2 AND 3 :- ------------------------------------------------- 1. PRASANNA SASIDHARAN, W/O.LATE SASIDHARAN,GEETHA BHAVAN,ERAVIPEROOR VILLAGE,MALLAPPALLY,PATHANAMTHITTA. 2. K.S.UNNIKRISHNAN,S/O.SOMAN PILLAI, KANIYATTU HOUSE,KALLOORPARA,MALLAPPALLY, PATHANAMTHITTA. BY ADV. MR.V.V.ASOKAN MR.P.P.RAMACHANDRAN RESPONDENT(S)/COMPLAINANT :- ------------------------------------------------ STATE OF KERALA,(SHO,PERUMBETTY POLICE STATION),REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 1682 of 2010 -------------------------------------- Dated this the 25th day of May, 2010 ORDER Petitioners, who are accused Nos.2 and 3 in Crime No.146/2007 of Perumbetty Police Station for offences punishable under clause 5 (a) of Kerala Rationing Order, 1996 read with Section 3 and 7 of the Essential Commodities Act 1955, now pending before the Judicial First Class Magistrate Court, Thiruvalla as C.C.No.147/2010, seeks to quash the proceedings. 2. Being a summons trial, the learned Magistrate will be entitled to read out the particulars of the offence against the petitioners, only if the prosecution records prima fascia make out the alleged offence. The petitioners will be entitled to plead before the Magistrate that there is no case for made out for reading the particulars of the offences against the petitioners under section 251 of Cr.P.C. It has been so held by this court by Kamala Rajaram v. State of Kerala 2005 (3) KLT 617. Hence, without prejudice to the right of the petitioners to plead before the Magistrate as above, this criminal M.C is dismissed. Petitioners will be entitled to plead by filing a Crl.M.C. No.1682 of 2010 : 2 : petition filed through their counsel and the learned Magistrate shall not insist on the personal appearance of the petitioners during the hearing under Section 251 of Cr.P.C. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb Crl.M.C. No.1682 of 2010 : 3 :