S.P.Harikrishnan vs State Of Kerala on 16 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3305 of 2010()


1. S.P.HARIKRISHNAN, AGED 40 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. S.I. OF POLICE, THIRUVALLA POLICE

                For Petitioner  :SRI.C.S.MANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :16/08/2010

 O R D E R
                        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