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. 2605 of 2010() ------------------------- ST.1297/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER(S): 2ND ACCUSED IN ST 1297/08 ------------------------------------------------------------------------ A.VINOD, AGED 42, S/O.MR.ARAVINDHAKSHAN PILLAI, PARAT HOUSE, ALUVA, ERNAKULAM ROAD, ERNAKULAM DISTRICT - 683101. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENT(S): COMPLAINANT IN ST 1298/2008 -------------------------------------------------------------------------------- 1. ASSISTANT REGISTRAR OF COMPANIES KERALA, COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA, KAKKANAD DISTRICT -682021. 2. HARIPRASAN PLASTIC GRANULES PRIVATE LIMITED, 5/94, INDUSTRIAL DEVELOPMENT AREA, MUPPATHADAM POST, EDAYAR, ALANGAD BLOCK, ALUVA, ERNAKULAM DISTRICT - 682021. 3. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, 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.2605 of 2010 = = = = = = = = = = = = = = Date: 09.07.2010 ORDER The petitioner is the 2nd accused in S.T.No.1297/2008 on the file of the Addl.Chief Judicial Magistrate Court (Economic Offences) Ernakulam. The petitioner seeks to quash Annexure I complaint 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 learned Magistrate records his plea under Section 251 Cr.P.C. 3. The learned counsel for the petitioner prays for Crl. M.C. No.2605 of 2010 2 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