IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4607 of 2008() ------------------------- CC.479/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... (CRIME NO.831/2007 OF NELESWARAM POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ GOPINATHAN, S/O.VELU, AGED 73 YEARS, SWAMENTHAKAM,SNEHATHEERAM NAGAR 103, RESIDING AT CHANDANATHOPPU, MANGADU VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SUB-INSPECTOR OF POLICE, NELESWAR POLICE STATION (KASARAGOD DISTRICT) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUNIL KUMAR, MOOLAYI PALLY, EDIKKULAM P.O., VIA NEELESWARAM, KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR - R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.4607 of 2008 ---------------------------------------- Dated this the 28th day of November 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 420 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. But the petitioner, who is said to be a 73 year old person, sick and infirm, has not entered appearance so far. The allegations are false. The charge is groundless. Hence powers under Section 482 Cr.P.C may be invoked to quash the proceedings against him, submits the learned counsel for the petitioner. 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 be claimed in accordance with the ordinary provisions of the Code of Criminal Procedure. Of course, this court, in an exceptional case, if sufficient, satisfactory and compelling reasons are shown to exist, does have the reservoir of powers under Section 482 Cr.P.C to prematurely terminate the proceedings. I am not satisfied that this is a fit case where such extraordinary inherent jurisdiction can or ought to be invoked. I Crl.M.C.No.4607/08 2 am satisfied that the petitioner must be relegated to claim premature termination by discharge under Section 239 Cr.P.C. 3. The learned counsel for the petitioner submits that the petitioner is a permanent resident of Kollam District. He is aged 73 years. He is sick and infirm. The matter is pending before the court at Hosdurg, at the other extreme of the State. In these circumstances, the learned counsel for the petitioner prays that the petitioner may be exempted from personal appearance until a decision is taken on the question of discharge. 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 under Section 239/240 Cr.P.C. 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. 6. With the above observations, this Crl.M.C is dismissed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4607/08 3 Crl.M.C.No.4607/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008