IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3780 of 2008() ------------------------- CRIME NO. 716/07 OF VAIKOM POLICE STATION CC.161/2008 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER(S): A1 TO A3 ----------------------- 1. THANKAPPAN.S, AGED 64, S/O.SANKU, "KAILASH",RAJEEV NAGAR, ELAMAKKARA, KOCHI. 2. PUSHPAVALLY THANKAPPAN, AGED 59, W/O.THANKAPPAN, "KAILASH",RAJEEV NAGAR, ELAMAKKARA, KOCHI. 3. JYOTHIPRAKASH, AGED 32 S/O. THANKAPPAN, DO. DO. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, VAIKKOM POLICE STATION, (CRIME 716/07) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3780 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2008 O R D E R The petitioners, parents and son, face indictment in a prosecution under Section 420 I.P.C. Cognizance has already been taken by the learned Magistrate on the basis of a final report submitted by the police. All the petitioners have already entered appearance and have been enlarged on bail, it is submitted. 2. The learned counsel for the petitioners prays that the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. may be invoked to bring to premature termination the prosecution launched against the petitioners. The allegations are not acceptable and the allegations, even if accepted, would not constitute any offence under Section 420 I.P.C. This in short is the plea. The petitioners may not be compelled to endure the undeserved trauma of continuance of the criminal prosecution. Premature termination of proceedings may be effected by Crl.M.C.No. 3780 of 2008 2 invoking the extra ordinary inherent jurisdiction, prays the learned counsel. 3. Premature termination of an undeserved prosecution can be claimed by an indictee under the ordinary provisions of the Code. In a warrant case, cognizance in which was taken on the basis of a police report, such premature termination can be claimed under Section 239 Cr.P.C. Ordinarily and normally an indictee, who wants premature termination, can be relegated to claim such relief of premature termination by discharge under Section 239 Cr.P.C. before the learned Magistrate. 4. Not that this Court does not have jurisdiction in an exceptional case to invoke such extra ordinary inherent jurisdiction and bring to termination such prosecution, but certainly such a provision is not to be invoked as a matter of course. When compelling reasons are shown to exist justifying the invocation of such jurisdiction, in the interests of justice, such jurisdiction is available to this court. But in the facts and circumstances of this case, I am not persuaded to agree that such powers need to be invoked. Crl.M.C.No. 3780 of 2008 3 5. This Crl.M.C. is accordingly dismissed. It is made clear that the petitioners shall be entitled to stake their claim for discharge under Section 239 Cr.P.C. and the learned Magistrate must consider such plea on merits and pass appropriate orders. 6. The learned counsel for the petitioners submits that if unnecessary insistence were made on the personal presence of the petitioners on all dates of posting, it will cause inconvenience and hardship to them. The petitioners can appear through their counsel and stake this claim for discharge under Section 239 Cr.P.C. Only if the learned Magistrate enters a finding that charges are liable to be framed, can and need the Magistrate insist on the personal presence of the petitioners. Until a decision is taken under Section 239/240 Cr.P.C. the petitioners shall be permitted to appear through their counsel. (R. BASANT) Judge tm