IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Crl.MC.No. 4758 of 2008() ------------------------- CRIME NO. 432/2008 OF THE KOTTAKKAL POLICE STATION PETITIONER(S): --------------- 1. AHAMMEDKUTTY @ KUNHAVA S/O.PULIKKAL MUHAMMED HAJI PULIKKAL HOUSE, PADINJAKKARA, KOTTAKKAL MALAPPURAM. 2. MUHAMMED HAJI, S/O.AHAMMEDKUTTY DO.DO. 3. HASSAN HAJI, S/O.AHAMMEDKUTTY, PULIKKAL HOUSE, KUTTIPURAM, KOTTAKKAL, MALAPPURAM. 4. MOIDU, S/O.AHAMMEDKUTTY HAJI DO.DO. 5. MUHAMMED FAZIL, S/O.MOOSA, PULIKKAL HOUSE, PADINJAKKARA, KOTTAKKAL, MALAPPURAM. 6. AHAMMEDKUTTY @ KUNHU S/O.MOIDU PULIKKAL HOUSE, KUTTIPURAM, DO.DO. 7. MUHAMMED SHAMEEN, S/O.AHAMMEDKUTTY DO.DO. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): --------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4758 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2008 O R D E R About an incident which took place on 29.8.2008 at about 1.30 p.m. at the Kottakkal – Kuttippuram Juma Ath Mosque, a case and counter case have been registered as Crime Nos. 431 and 432 of 2008. According to the petitioners the real incident that had taken place is reflected in the F.I.R. in Crime 431 of 2008. Investigation into that crime is in progress. Two persons were killed in that incident. That crime was registered, inter alia, for offences punishable under Section 302 r/w. 149 I.P.C. 2. Crime No. 432 of 2008 is registered against four named persons, of which two are the deceased in Crime No.431 of 2008. Investigation is in progress in that crime, which was registered under Section 307 r/w. 34 I.P.C. In the course of the investigation in Crime No.432 of 2008, five more accused persons have been arrayed and investigation is in progress. Final report has not been filed yet in either crime. Crl.M.C.No. 4758 of 2008 2 3. According to the petitioners the registration of Crime No.432 of 2008 is itself an unfair act indulged in by the police. The transparent purpose was to enable the accused in Crime 431 of 2008 to invent a defence for themselves in that crime. The alleged victims in Crime 432 of 2008 have suffered no injury worth the name. Out of the four accused shown in the F.I.R., two of them have already expired and the remaining two along with the five accused, who have subsequently been arrayed, are the injured in Crime No.431 of 2008. Just to frustrate and stultify a proper investigation in Crime No.431 of 2008 allegations have been raised in Crime 432 of 2008. The police is not acting fairly and baseless allegations are being raised against the petitioners in Crime 432 of 2008. At any rate, the very inclusion of the allegation under Section 307 I.P.C. must convey to the court the malafides on the part of the police registering the Crime 432 of 2008. In these circumstances it is prayed that Crime 432 of 2008 may be quashed. Atleast the inclusion of the offence under Section 307 I.P.C. in crime 432 of 2008 may be quashed, prays the learned counsel for the petitioners. Crl.M.C.No. 4758 of 2008 3 4. I must alertly remind myself of the nature, quality and contours of jurisdiction of this Court, which is called upon to invoke and exercise the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. Powers under Section 482 Cr.P.C. have been described to be awesome. In an appropriate case a crime registered can be quashed by this court invoking the jurisdiction under Section 482 Cr.P.C. But sufficient, compelling and exceptional reasons must be shown to exist to justify invocation of such jurisdiction. 5. It would be premature and puerile for this Court now to come to any firm conclusion on the acceptability or otherwise of the allegations raised by the rival contestants in these two crimes. A proper investigation will have to be conducted and appropriate conclusions must be reached by the Investigating Officers. I am, in these circumstances, not persuaded to agree that Crime 432 of 2008 deserves to be quashed at this stage. 6. I take note of the submissions of the learned counsel for the petitioners that all the accused persons arrayed in Crime No.432 of 2008 are the injured/victims in Crime 431 of 2008. I need only Crl.M.C.No. 4758 of 2008 4 mention that I expect the police to conduct a fair, proper and efficient investigation and file appropriate final reports in both the crimes. At the moment and with the available inputs it is impossible for this Court to quash Crime No.432 of 2008 on the ground that the allegations are false or are raised malafide with vexatious intent. A proper investigation will have to be conducted in both the crimes to ascertain the truth of the matter. 7. The petitioners must apply for anticipatory bail or regular bail as the case may be. It is submitted at the Bar that the petitioners' prayer for anticipatory bail stands rejected already. If that be so, the petitioners must surrender before the Investigating Officer or the learned Magistrate and seek regular bail. Needless to say, such application for regular bail will have to be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 7. This Crl.M.C. is accordingly dismissed. (R. BASANT) Judge tm