IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Crl.MC.No. 564 of 2010() ------------------------ CC.477/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... PETITIONER(S): (FIRST ACCUSED) ------------------------------ ASOKAN, AGED 55 YEARS, S/O.VASU, "PRATHIBAS", NAVAIKULAM VILLAGE. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): (STATE & COMPLAINANT) ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KALLAMBALAM. 3. SREEKUMAR, S/O.GOPALAPILLAI, KOCHUKANNAMPILLY VEEDU, THATTUPALAM, NAVAIKULAM. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 564 of 2010 = = = = = = = = = = = = = = Date:21st day of June, 2010 ORDER The petitioner is the 1st accused in C.C.No.477 of 2009 on the file of the J.F.C.M Court, Varkala, for offences punishable under Sections 323 and 341 read with 34 IPC. The petitioner seeks to quash Annexure A4 final report and the subsequent proceedings pending before the Magistrate. The above case involves 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 Kamala Rajaram 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. 564 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 21st day of June, 2010. V. RAMKUMAR, JUDGE dmb