Rajasree C.P. @ Maya vs State Of Kerala on 28 June, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2312 of 2010()


1. RAJASREE C.P. @ MAYA, D/O.PADMAMABHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. HARIHARAN, S/O.NARAYANAN,

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :28/06/2010

 O R D E R
                        V.RAMKUMAR, J.
                  -------------------------------------
                  Crl.M.C.No.2312 of 2010
                 --------------------------------------
             Dated this the 28th day of June, 2010

                             ORDER

The petitioner is the sole accused in S.T.No.1708/2009 on

the file of the Judicial Magistrate of the First Class, Palai for

offences punishable under Sections 341 & 506(1) I.P.C. The

petitioner seeks to quash Annexure A1 F.I.R, A3 Final Report in

S.T.No.1708/2009 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 her 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 her plea under Section 251 Cr.P.C.

3. The learned counsel for the petitioner prays for

exemption from appearance while raising the above plea before

Crl.M.C.No.2312 of 2010
2

the Magistrate. I am inclined to permit the petitioner to be

represented through her 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 her plea without insisting on her

personal appearance. The plea of the accused can be recorded

through her counsel.

This Crl.M.C is accordingly disposed of as above.

Dated this the 28th day of June,2010.

V.RAMKUMAR, JUDGE

skj