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. 2593 of 2010() ------------------------- ST.1326/2010 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER(S): ACCUSED ----------------------------------------- ANIL KUMAR, AGED 45 YEARS, ADVOCATE, S/O.SREEDHARAN, H.NO.237, GIRI NAGAR, 13TH CROSS ROAD, KADAVANTHRA P.O. BY ADV. SRI.V.JOHN SEBASTIAN RALPH RESPONDENT(S): COMPLAINANT ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK 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.2593 of 2010 = = = = = = = = = = = = = = Date:09.07.2010 ORDER The petitioner is the accused in S.T.No.1326/2010 on the file of the Addl.Chief Judicial Magistrate(Economic Offences), Ernakulam for offences punishable under Section 184 and 185 of the Motor Vehicles Act. The petitioner seeks to quash Annexure I charge sheet 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 Crl. M.C. No. 2593 of 2010 2 learned Magistrate records his plea under Section 251 Cr.P.C. 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 9th day of July, 2010. V. RAMKUMAR, JUDGE sj