IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 2528 of 2010() ------------------------- CC.418/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, VADAKARA .................... PETITIONER(S): ACCUSED 1&2 -------------------------- 1. JAHANGEER, S/O.MAHAMMOOD, AGED 33 YEARS, VATAKARA AMSOM DESOM, VATAKARA. 2. JAFAR, S/O.UMMER, AGED 49 YEARS KACHERIMANDALAM HOUSE, VATAKARA AMSOM DESOM VATAKARA. BY ADV. SRI.C.VATHSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V SRI.REFEECK CHENNARA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, (S.H.O. VATAKARA POLICE STATION IN CRIME NO.501/2002) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.2528 of 2010 = = = = = = = = = = = = = = Date:7th day of July 2010 ORDER Petitioners are accused Nos.1 and 2 in C.C.No.110/2003 on the file of the J.F.C.M Court, Vatakara for offences punishable under Sections 341 and 323 read with 34 IPC. The petitioners seek to quash Annexure-III charge 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 contain 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 record their plea under Section 251 Cr.P.C. Crl. M.C. No. 2528 of 2010 2 3. The learned counsel for the petitioners pray 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 7th day of July, 2010. V. RAMKUMAR, JUDGE dmb