IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1682 of 2010()
1. PRASANNA SASIDHARAN,
... Petitioner
2. K.S.UNNIKRISHNAN,S/O.SOMAN PILLAI,
Vs
1. STATE OF KERALA,(SHO,PERUMBETTY POLICE
... Respondent
For Petitioner :SRI.V.V.ASOKAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :25/05/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No. 1682 of 2010
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Dated this the 25th day of May, 2010
ORDER
Petitioners, who are accused Nos.2 and 3 in Crime
No.146/2007 of Perumbetty Police Station for offences
punishable under clause 5 (a) of Kerala Rationing Order, 1996
read with Section 3 and 7 of the Essential Commodities Act
1955, now pending before the Judicial First Class Magistrate
Court, Thiruvalla as C.C.No.147/2010, seeks to quash the
proceedings.
2. Being a summons trial, the learned Magistrate will
be entitled to read out the particulars of the offence against
the petitioners, only if the prosecution records prima fascia
make out the alleged offence. The petitioners will be entitled
to plead before the Magistrate that there is no case for made
out for reading the particulars of the offences against the
petitioners under section 251 of Cr.P.C. It has been so held by
this court by Kamala Rajaram v. State of Kerala 2005 (3) KLT
617. Hence, without prejudice to the right of the petitioners
to plead before the Magistrate as above, this criminal M.C is
dismissed. Petitioners will be entitled to plead by filing a
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petition filed through their counsel and the learned Magistrate
shall not insist on the personal appearance of the petitioners
during the hearing under Section 251 of Cr.P.C. This Criminal
M.C is disposed of as above.
V.RAMKUMAR, JUDGE
dmb
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