Savijesh Aged 25 Years vs State Of Kerala on 9 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2264 of 2010()


1. SAVIJESH AGED 25 YEARS, S/O. VIJAYAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY S.I.OF
                       ...       Respondent

2. ASSISTANT ENGINEER, KERALA STATE

                For Petitioner  :SRI.ABRAHAM P.GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :09/07/2010

 O R D E R
                       V. RAMKUMAR, J.
                    = = = = = = = = = = = = =
                      Crl.M.C.No.2264 of 2010
                    = = = = = = = = = = = = = =
                          Date: 09.07.2010

                               ORDER

The petitioner is the accused in S.T.C.No.309/2008 on the

file of the C.J.M, Kalpetta for offences punishable under Sections

139 and 141 of Electricity Act. The petitioner seeks to quash

Annexure A2 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 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 Kamalarajaram

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.

3. The learned counsel for the petitioner prays for

Crl. M.C. No.2264 of 2010
2

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 9th day of July, 2010.

V. RAMKUMAR, JUDGE

sj