IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3903 of 2008() ------------------------- CC.4/2008 of ENQUIRY COMMR. & SPL. JUDGE, THRISSUR .................... PETITIONER(S): 1 ---------------- D.S.RAO I.R.S.E. (RETD), FORMER VICE PRESIDENT, TATA PROJECTS LIMITED AGED 72, S/O DUVVUR NARAYANAIAH, 6-1-280/2A PADMARAO NAGAR, SECUNDERBAD 500 025, ANDRA PRADESH. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND RESPONDENT(S): COMPLAINT:- -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3903 of 2008 ---------------------------------------- Dated this the 20th day of October 2008 O R D E R The petitioner faces indictment as the 3rd accused in a prosecution for offences punishable inter alia under Section 120 (B) and Section 13(2) of the Prevention of Corruption Act. Investigation is now complete. Final report has already been filed. The petitioner has come to this court with this petition under Section 482 Cr.P.C to invoke the extraordinary inherent jurisdiction and bring to premature termination the prosecution against him. 2. An indictee facing undeserved prosecution in a criminal case is certainly entitled to claim premature termination of the proceedings. Such premature termination must ordinarily and normally be claimed at the appropriate stage of the proceedings before the trial court. Not that this court does not have jurisdictional competence in an appropriate case to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C to bring to premature termination such undeserved criminal prosecution, but ordinarily and normally in the absence of Crl.M.C.No.3903/08 2 satisfactory, compelling and exceptional reasons it will only be appropriate to relegate to such party to claim discharge under Sections 227,239 or 245(1) or (2) Cr.P.C before the court concerned. In the instant case, the avenue of claiming premature termination by discharge is concededly available to the petitioner. 3. I have scanned through the contentions raised. I shall not embark on any further detailed discussion. Suffice it to say that, on such perusal, I am not persuaded to agree that there are any such compelling or exceptional reasons which should persuade this court to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C. This, I am satisfied, is a fit case where the petitioner must be relegated to claim premature termination by discharge before the learned Special Judge. Needless to say, if such a plea is raised, the learned Special Judge must consider the same and take appropriate decision expeditiously. 4. The learned counsel for the petitioner submits that the petitioner has already entered appearance and has been enlarged on bail. If the personal presence of the petitioner were Crl.M.C.No.3903/08 3 insisted before the court below, that would work out great prejudice and hardship to the petitioner. In the peculiar facts and circumstances of this case, I am satisfied that there can be a direction to the learned Magistrate to permit the petitioner to be represented by his counsel until a decision is taken on the question of discharge. Only if the learned Magistrate takes the decision that charges are liable to be framed, need the personal presence of the petitioner be insisted. Until then, he shall be permitted to be represented by his counsel. 5. With this observation, this petition is dismissed. 6. The learned counsel for the petitioner submits that before the court below, it is likely to take a long period of time. The petitioner has already entered appearance and was enlarged on bail, I need only mention that the learned Special Judge must consider the plea of discharge as expeditiously as possible. (R.BASANT, JUDGE) jsr Crl.M.C.No.3903/08 4 Crl.M.C.No.3903/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008