IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Crl.MC.No. 3635 of 2008(D) -------------------------------------- (CRIME NO. 288/2008 OF VALAPPAD POLICE STATION) ................ PETITIONER: ------------------- RAMKISHAN, S/O. NARAYANANKUTTY, AGED 20 YEARS, THRIPRAYATTU, ELUPARAMBIL HOUSE, VALAPPAD VILLAGE, THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR, ADV. SRI.A.S.RAJENDRAN NAIR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VALAPPAD. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3635 of 2008 ---------------------------------------- Dated this the 30th day of October 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 366A I.P.C. The crux of the allegations against him is that he had kidnapped a minor girl aged less than 18 years with promise to marry her from the lawful custody of her guardian. Investigation is complete. Final report has already been filed. Committal proceedings has been registered. The case has now been committed to the court of Session. The petitioner prays that the proceedings against the petitioner may be quashed relying on the statement given by the victim girl before the learned Magistrate. Her later statements before police show a different version - different from the one she gave before the learned Magistrate when she was produced after apprehension. 2. I am not persuaded to agree that there is any satisfactory reason to justify the invocation of the extraordinary inherent jurisdiction under Section 482 Cr.P.C. As to which statement is true and acceptable, I shall not hazard any opinion Crl.M.C.No.3635/08 2 at this stage. Appropriate contentions must be urged before the learned Sessions Court at the stage of 227/228 Cr.P.C to claim discharge or later at the stage of trial to claim acquittal. 3. This petition is in these circumstances dismissed. The learned counsel for the petitioner submits that the petitioner may be permitted to apply for exemption from personal appearance before the learned Sessions Judge. The petitioner can make appropriate application. The learned Sessions Judge must consider the same and pass appropriate orders. (R.BASANT, JUDGE) jsr Crl.M.C.No.3635/08 3 Crl.M.C.No.3635/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008