IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1600 of 2008() ------------------------- ST.362/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER: ------------ JOSHY,S/O. KUMARAN MARATHARA HOUSE,MULAVUKADU VILLAGE, ERNAKULAM. BY ADV. SRI.SOJAN MICHEAL RESPONDENT/COMPLAINANT: ---------------------------------- STATE OF KERALA (CRIME NO. 524/2007 S.I. OF POLICE, MULAVUKADU POLICE STATION, ERNAKULAM) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C. No. 1600 of 2008 ========================== Dated this the 11th day of April, 2008. O R D E R The petitioner, who is the 1st accused in S.T No. 362 of 2008 on the file of the Judicial First Class Magistrate-I, Ernakulam for an offence punishable under Section 15(C) of the Abkari Act, challenges the final report as well as the proceedings before the Magistrate. 2. The court below has admittedly not read over the particulars of the offence to the petitioner. Hence, in the light of the decision reported in Dr. Kamala Rajaram v. State of Kerala (2005 (3) KLT 617), the petitioner can plead for dropping the proceedings, in case the allegations in the final report do not make out the offence alleged against the petitioner. Reserving this right of the petitioner, this Crl.M.C is closed. 3. In case the petitioner files an application for dropping the proceedings, the learned Magistrate shall permit him to move the petition in absentia and shall not insist on his personal appearance. V. RAMKUMAR, JUDGE. rv