IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3305 of 2010() ------------------------- CRIME NO.725/2004 OF THIRUVALLA POLICE STATION CC.61/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER: ACCUSED ---------------------- S.P.HARIKRISHNAN, AGED 40 YEARS, S/O.PRABHAKARA PANICKER, 'SRAYILE VRINDAVAN ' HOUSE AMICHAKARY P.O., NIRETTUPURAM, THIRUVALLA. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENTS: COMPLAINANT & INVESTIGATOR ----------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3305 of 2010 ---------------------------------------- Dated this the 16th day of August, 2010 ORDER The petitioner is the accused in Crime No.725 of 2004 of Thiruvalla Police Station for an offence punishable under Section 292 I.P.C. The petitioner seeks to quash Annexure A-I Final Report/Charge Sheet and all proceedings in C.C.No.61/2005 on the file of the Judicial Magistrate of the First Class, Thiruvalla. 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 offence 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 Anandavel Vs. The Food Inspector & another ILR- 2010(3)Kerala 145, 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.3305/2010 : 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. V.RAMKUMAR, JUDGE skj