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. 2312 of 2010() ------------------------- ST.1708/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... PETITIONER: ACCUSED ---------------------- RAJASREE C.P. @ MAYA, D/O.PADMANABHAN, CHEMBAKATHADATHIL VEEDU, MUTTUCHIRA P.O., MUTTUCHIRA VILLAGE, KOTTAYAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALAI POLICE STATION, KOTTAYAM DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. HARIHARAN, S/O.NARAYANAN, CHAITHANYA HOUSE, VELLICHIRA P.O., VELLICHIRA VILLAGE, KOTTAYAM-686001. PUBLIC PROSECUTOR SRI.KAMMAPPU 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.2312 of 2010 -------------------------------------- Dated this the 28th day of June, 2010 ORDER The petitioner is the sole accused in S.T.No.1708/2009 on the file of the Judicial Magistrate of the First Class, Palai for offences punishable under Sections 341 & 506(1) I.P.C. The petitioner seeks to quash Annexure A1 F.I.R, A3 Final Report in S.T.No.1708/2009 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 her 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 petitioner to raise the present contentions at the time when the learned Magistrate records her plea under Section 251 Cr.P.C. 3. The learned counsel for the petitioner prays for exemption from appearance while raising the above plea before Crl.M.C.No.2312 of 2010 2 the Magistrate. I am inclined to permit the petitioner to be represented through her counsel. Accordingly, if the petitioner files a petition for exemption during the stage of 251 Cr.P.C, the learned Magistrate shall consider the contention of the petitioner while recording her plea without insisting on her personal appearance. The plea of the accused can be recorded through her counsel. This Crl.M.C is accordingly disposed of as above. Dated this the 28 th day of June,2010. V.RAMKUMAR, JUDGE skj