IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2264 of 2010() ------------------------- STC.309/2008 of CHIEF JUDICIAL MAGISTRATE, KALPETTA .................... PETITIONER(S): ACCUSED ------------------------------------------ SAVIJESH AGED 25 YEARS, S/O. VIJAYAN, CHAKKALIPURATH HOUSE, KOZHINJANGADU, KUMBALAKKADU. BY ADV. SRI.ABRAHAM P.GEORGE SMT.K.V.LEKSHMY RESPONDENT(S): COMPLAINANT ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, KALPETTA POLICE STATION, WAYANADU DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, KALPETTA SECTION, KALPETTA, WAYANADU DISTRICT. PUBLIC PROSECUTOR SRI.KAMMAPPU STANDING COUNSEL P.P.THAJUDEEN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.2264 of 2010 = = = = = = = = = = = = = = Date: 09.07.2010 ORDER The petitioner is the accused in S.T.C.No.309/2008 on the file of the C.J.M, Kalpetta for offences punishable under Sections 139 and 141 of Electricity Act. The petitioner seeks to quash Annexure A2 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 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 Kamalarajaram 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 plea under Section 251 Cr.P.C. 3. The learned counsel for the petitioner prays for Crl. M.C. No.2264 of 2010 2 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 9th day of July, 2010. V. RAMKUMAR, JUDGE sj