IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.MC.No. 2133 of 2010() ------------------------- CC.458/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), PUNALUR .................... PETITIONER(S): ACCUSED: ----------------------- AVIRAH VARKEY, S/O.AVIRAH, VETTUVAYALIL, AANAKALLU P.O., KANJIRAPPALLY, KOTTAYAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE FOREST RANGE OFFICER, ARYANKAVU RANGE KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 2133 of 2010 = = = = = = = = = = = = = = Date:23rd day of June 2010 ORDER The petitioner is the 1st accused in O.R.No.3/2007 of Aryankavu Forest Range, whose case is now pending as C.C.No.458/2009 of J.F.C.M Court-II (Forest Offences), Punalur, for offences punishable under Section 27(1) (a&b) of the Kerala Forest Act 1961 and (Amended) Act 1993. The petitioner seeks to quash Annexures IV to VI and the subsequent proceedings pending before the Magistrate. The above case involves 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 his 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 his Crl. M.C. No. 2133 of 2010 2 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 the Magistrate. I am inclined to permit the petitioner to be represented through his 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 his plea without insisting on his personal appearance. The plea of the accused can be recorded through his counsel. This Crl.M.C is accordingly disposed of as above. Dated this the 23rd day of June, 2010. V. RAMKUMAR, JUDGE dmb