Smitha vs The Sub Inspector Of Police on 22 June, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1135 of 2010()


1. SMITHA, AGED 35 YEARS,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.V.SETHUNATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :22/06/2010

 O R D E R
                        V. RAMKUMAR, J.
                 = = = = = = = = = = = = =
                   Crl.M.C.No. 1135 of 2010
                = = = = = = = = = = = = = =
                 Date: 22nd day of June, 2010

                               ORDER

The petitioner is the accused in Crime No.1086/2009 of

Pathanamthitta Police Station for an offence punishable under

Section 294(b) of the IPC. The petitioner seeks to quash

Annexure-I final report and the subsequent proceedings pending

on the file of the J.F.C.M Court-I, Pathanamthitta. 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. 1135 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 22nd day of June, 2010.

V. RAMKUMAR, JUDGE

dmb