IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2307 of 2010()
1. RAVI @ KADUKKA RAVI, AGED 46 YEARS,
... Petitioner
2. SATHEESH KUMAR, AGED 43 YEARS,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.LATHEESH SEBASTIAN
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.2307 of 2010
--------------------------------------
Dated this the 28th day of June, 2010
ORDER
The petitioners are the accused in S.T.No.1266 of 2010
on the file of the Judicial Magistrate of the First Class, Attingal
for an offence punishable under Section 4(1A) read with
Section 21(1) of the Mines and Minerals (Regulation and
Development)Act, 1957. The petitioners seek to quash
Annexure A1 F.I.R. 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 their 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 petitioners to raise the present contentions at
the time when the learned Magistrate records their plea
under Section 251 Cr.P.C.
Crl.M.C.No.2307/2010
: 2 :
3. The learned counsel for the petitioners prays for
exemption from appearance while raising the above plea
before the Magistrate. I am inclined to permit the petitioners
to be represented through their counsel. Accordingly, if the
petitioners file a petition for exemption during the stage of
251 Cr.P.C, the learned Magistrate shall consider the
contention of the petitioners while recording their plea
without insisting on their personal appearance. The plea of
the accused can be recorded through their counsel.
This Crl.M.C is accordingly disposed of as above.
Dated this the 28th day of June, 2010.
V.RAMKUMAR, JUDGE
skj