IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2830 of 2010() ----------------------------------------- ST.2423/2008 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONER(S): ACCUSED ------------------------------------------ 1. VELLAPPALLY CONSTRUCTIONS REPRESENTED BY ITS MANAGING PARTNER, JACOB MATHEW, POST BOX NO.25, S.H.MOUNT P.O., KOTTAYAM-686006. 2. ANNAMMA JACOB, PARTNER, VELLAPPALLY CONSTRCUTIONS, POST BOX NO.25, S.H.MOUNT P.O., KOTTAYAM - 686006. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------------------- 1. STATE OF KERALA, REPRESNTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE LABOUR ENFORCEMENT OFFICER (CENTRAL) T.C.NO.25/3534, UPPALAM ROAD, THIRUVANANTHAPURAM - 695001. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.2830 of 2010 = = = = = = = = = = = = = = Date: 23.07.2010 ORDER The petitioners are accused in S.T.No.2423 of 2008 on the file of the J.F.C.M, Changanacherry for an offence punishable under Section 14 of the Child Labour (Prohibition and Regulation) Act, 1986. The petitioners seek to quash C.C.No.2423 of 2008 on the file of the J.F.C.M, Changanacherry 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 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 petitioners to raise the present contentions at the Crl. M.C. No.2830 of 2010 2 time when the learned Magistrate records their plea under Section 251 Cr.P.C. 3. The learned counsel for the petitioners prays 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 his 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 23rd day of July, 2010. V. RAMKUMAR, JUDGE sj