IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Crl.MC.No. 1878 of 2010() ------------------------- CC.121/2009 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED ---------------------- C.N.PRASAD,KARIKKATHIL CASHEWS, KARIKKATHU VEEDU,KAKKODE.P.O,PUNALUR,KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE INSPECTOR OF FACTORIES AND BOILERS GRADE-II, THIRUVANANTHAPURAM,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ALONG WITH CRMC NO.1879/2010 ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..Nos.1878 and 1879 of 2010 = = = = = = = = = = = = = = Dated this the 31 st day of May, 2010 ORDER The common petitioner is the sole accused in C.C.Nos.121 of 2009 and 122 of 2009 on the file of the C.J.M, Thiruvananthapuram for an offence punishable under Section 92 of the Factories Act. The common petitioner seeks to quash Annexure XI complaint and the subsequent proceedings pending before the Magistrate. The above cases 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. Crl. M.C. No. 1878 of 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. Dated this the 31st day of May, 2010. V. RAMKUMAR, JUDGE sj