SHEEBA Vs. SABU P DEVASSIA PARAKKAT HOUSE

JUDGEMENT

(1.) The petitioner is the third accused in C.C.No.107/2010 on the file of the J.F.C.M Court, Sulthan Bathery for offences punishable under Sections 341, 321 and 294B read with 34 IPC. The petitioner seeks to quash all further proceedings pending before the Magistrate in C.C.No.107/2010. 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.

(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 8th day of June, 2010.