IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.MC.No. 4442 of 2008() -------------------------------------- C.C.174/2008 OF JUDL.FIRST CLASS MAGISTRATE-II,KALPETTA. PETITIONER(S): ACCUSED: ---------------------------------------- M.V.JOSEPH, S/O.VARGHESE, MUTTUMANA HOUSE, AVINCHERMALA P.O., WAYANAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KUMBALAKKAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4442 of 2008 ------------------------------------- Dated this the 19th day of November, 2008 ORDER The prayer in this petition is strange. The petitioner faces indictment for offences punishable, inter alia, under Section 324 I.P.C. Cognizance has been taken on the basis of a final report submitted by the police. The petitioner prays that the prosecution against him may be quashed invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. What is the reason ? What is the contention to be raised ? 2. The only contention raised is that the petitioner wants to raise a plea of alibi - that he was elsewhere at the alleged time of occurrence. Obviously this plea cannot be considered by this Court in proceedings under Section 482 Cr.P.C. It can and it ought to be considered by the learned Magistrate at the stage of trial. After discussions at the Bar, the learned counsel for the petitioner readily accepts and submits that the petitioner may be permitted to raise all his contentions before the learned Magistrate. The petitioner does not require the permission of this Court to raise the plea of alibi before the court below. This petition, to speak minimally, is totally unnecessary. This Crl.M.C is, in these circumstances, dismissed. (R.BASANT, JUDGE) rtr/-