IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Crl.MC.No. 1842 of 2008 ---------------------------------- CC.83/2007 OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER/ ACCUSED: ----------------------------------- P.V.ABDUL SALAM, PROPRIETOR M/S.AKBAR MOBILES, 1ST FLOOR, N.S.TOWERS KALMANDAPAM, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.), SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU. RESPONDENTS/ NOT PARTY/ COMPLAINANT: ------------------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD. 3. M/S. LG ELECTRONICS INDIAN PRIVATE LIMITED, PLOT NO.51, UDYOG VIHAR, SURAJPUR KASNA ROAD, GREATER NOIDA, U.P., REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SHINU S.KOTARAM S/O.SEBASTIAN KOTARAM, EXECUTIVE-CUSTOMER SERVICE (I& C)), D-6/226, KSHBC, MEDICAL COLLEGE P.O, KOZHIKKODE. R1 & R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB, R3 BY ADV. SRI.R.PADMARAJ, ADV. SRI.N.P.SETHU, ADV. SRI.K.M.VIKAS. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.1842 of 2008 ---------------------------------------- Dated this the 28th day of October 2008 O R D E R This petition under Section 482 Cr.P.C is filed by the petitioner to quash an F.I.R filed alleging commission of the offence punishable under Section 420 and 406 I.P.C. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred to the police under Section 156(3) Cr.P.C. Investigation is complete. The final report has already been filed. Cognizance has been taken by the learned Magistrate and the matter is pending before the learned Magistrate as C.C.No.83/2007 before the learned Chief Judicial Magistrate, Palakkad. The final report having already been filed, I am satisfied that the prayer for quashing the F.I.R has lost its relevance. The petitioner's prayer for premature termination of proceedings must now be urged before the learned Magistrate. In a prosecution for a warrant offence, cognizance in which has been taken on the basis of a final report submitted by the police, premature termination of proceedings can be claimed under Section 239 Cr.P.C by discharge. I am not satisfied that the Crl.M.C.No.1842/08 2 powers under Section 482 Cr.P.C can or need be invoked in the facts and circumstances of this case. Premature termination of proceedings must ordinarily be claimed under the ordinary provisions of the Code of Criminal Procedure. Notwithstanding the fact that this court has jurisdiction in an exceptional case under Section 482 Cr.P.C to bring about such premature termination, notwithstanding the availability of such ordinary remedy, I do not find any circumstances justifying the invocation of the extraordinary inherent jurisdiction in this case now. I am satisfied that this Crl.M.C can, in these circumstances, be dismissed with appropriate observations. 2. The learned counsel for the petitioner submits that if the personal appearance of the petitioner were insisted to facilitate the claim of discharge, that would cause great hardship and inconvenience to the petitioner. I am satisfied that appropriate directions can be issued. 3. In the result, a) This Crl.M.C is dismissed. b) I may hasten to observe that the petitioner shall be at liberty to appear before the learned Magistrate and claim premature termination by discharge. Crl.M.C.No.1842/08 3 c) Until a decision is taken on the claim for premature termination of proceedings by discharge, if the petitioner is represented by counsel, the personal presence of the petitioner shall not be insisted and he shall be permitted to advance such plea through his counsel. Expeditious order shall be passed on such plea for discharge when raised. (R.BASANT, JUDGE) jsr Crl.M.C.No.1842/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008