IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 1135 of 2010() ------------------------- CRIME NO.1086/2009 OF PATHANAMTHITTA POLICE STATION ------------------------------ PETITIONER(S): ACCUSED ---------------------- SMITHA, AGED 35 YEARS, W/O. JAYA DAS, FLAT NO.2, SS APARTMENTS, THADATHIL, COLLEGE ROAD, PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1135 of 2010 = = = = = = = = = = = = = = Date: 22nd day of June, 2010 ORDER The petitioner is the accused in Crime No.1086/2009 of Pathanamthitta Police Station for an offence punishable under Section 294(b) of the IPC. The petitioner seeks to quash Annexure-I final report and the subsequent proceedings pending on the file of the J.F.C.M Court-I, Pathanamthitta. 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 plea under Section 251 Cr.P.C. Crl. M.C. No. 1135 of 2010 2 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 22nd day of June, 2010. V. RAMKUMAR, JUDGE dmb