IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.MC.No. 2550 of 2008() ------------------------- CC.67/2003 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER/A3: ------------------------ VENUGOPALAN NAIR, AGED 49 S/O. NARAYANA PILLAI, AMBADI HOUSE ATTUKAL KEEZHATHIL LANE ATTUKAL WARD, ATTUKAL VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENTS: ------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2550 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under the Immoral Traffic (Prevention) Act, 1956. Cognizance was taken in 2003. The petitioner has entered appearance only now. The co-accused have already entered appearance, it is submitted. The petitioner has come to this Court with a prayer that the prosecution against him may be quashed. 2. I have perused the records. I have heard the counsel also. Premature termination of proceedings can be claimed by an indictee under the ordinary provisions of the Cr.P.C. In a warrant offence in which cognizance was taken on the basis of the police report, such premature termination can be claimed under Section 239/240 Cr.P.C. Ordinarily and normally premature termination can be claimed by an indictee by resorting to such provisions in the Code. Of course, in an exceptional case Crl.M.C.No. 2550 of 2008 2 the jurisdiction of this Court under Section 482 Cr.P.C. is always there to quash the proceedings, but compelling and satisfactory reasons must be shown to exist to justify the resort to such extra ordinary provisions of the Code. 3. In the facts and circumstances of this case, where cognizance was taken as early as in 2003, I am not persuaded to agree that there are any compelling reasons which can or should persuade this court to invoke the jurisdiction under Section 482 Cr.P.C. I am satisfied that the petitioner must be relegated to seek his remedy before the learned Magistrate at the stage of Section 239/240 Cr.P.C. No exceptional or extra ordinary circumstances are found to be existing in this case in which the proceedings were initiated as early as in 2003. 4. This Crl.M.C. is accordingly dismissed. I may hasten to observe that I have not intended to express any final opinion on the disputed questions. I have only intended to express the view that there are no sufficient reasons to invoke the jurisdiction under Section 482 Cr.P.C. The petitioner's option to claim discharge under Section 239/240 Cr.P.C. shall remain and if he claims discharge at that stage, Crl.M.C.No. 2550 of 2008 3 the learned Magistrate must consider his plea and take appropriate decision on merits. (R. BASANT) Judge tm