Biju Ramesh vs State Of Kerala Represented By on 22 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2790 of 2010()


1. BIJU RAMESH,S/O.RAMESAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.NIREESH MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :22/07/2010

 O R D E R
                        V. RAMKUMAR, J.
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                   Crl.M.C.No.2790 of 2010
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                  Date:22nd day of July, 2010

                                ORDER

The petitioner is the 1st accused in C.C.No.288/2009 on the

file of the J.F.C.M Court-III, Thiruvananthapuram for offences

punishable under Sections 56(a), (b) and 63 of the Abkari Act. The

petitioner seeks to quash Annexure A final charge 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. 2790 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 July, 2010.

V. RAMKUMAR, JUDGE

dmb