IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.MC.No. 2160 of 2008() ------------------------- CP.22/2008 of JUDL. MAGI. OF FIRST CLASS-I (FOREST OFFENCES), THODUPUZHA .................... PETITIONER: ------------- MANU, S/O.VINCENT, AGED 22 YEARS, PUTHENPURAYIL HOUSE, PERINGASSERY KARA, UNDAMBANNUR VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KANJAR POLICE STATION, IDUKKI DISTRICT. BY PUBLIC PROSECUTOR, SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2160 OF 2008 ----------------------------------------------- Dated this the 9th day of June, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 306 IPC. He allegedly jilted the deceased and induced her to commit suicide. Investigation is complete. Final report has already been filed. There is reference in the final report to a suicide note which has been written by the deceased. Counsel for the petitioner is unable to advance arguments based on the suicide note or on the basis of the contents of the suicide note. The statement of CW5 is also not placed by me nor is any arguments advanced on the basis of such statement. CW5 is seen cited to prove that suicide note. 2. Having considered all the relevant circumstances, I am satisfied that the petitioner must only be left to claim premature termination of the proceedings against him by claiming discharge at the stage of Section 227/228 Cr.P.C. Premature Termination can be claimed by the indictee from an undeserved prosecution by invocation of the powers under Section 227 Cr.P.C. In other words, where such premature termination is a possibility, it is not Crl.M.C. No. 2160 OF 2008 2 necessary for this court to invariably invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C. In the nature of the averments made before me, I am satisfied that this is a eminently fit case where the petitioner has to be relegated to claim premature termination, at the stage of Section 227 Cr.P.C. Not that, this Court does not have jurisdiction under Section 482 Cr.P.C to quash a prosecution and bring it to premature termination, but satisfactory and compelling reasons must be shown to insist. At the moment, I have not been convinced about the existence of any such circumstances. Without knowing the contents of suicide note or CW5's statement about the suicide note, it is not possible at all to consider invocation of powers under Section 428 Cr.P.C. This Crl.M.C is, in these circumstances, dismissed, but without prejudice to the right of the petitioner to claim discharge at the stage of 227 Cr.P.C. 3. Learned counsel for the petitioner submits that the further prayer of the petitioner is that his application for bail may be directed to be considered on merits, in accordance with law and expeditiously. Crl.M.C. No. 2160 OF 2008 3 4. Sufficient general directions have already been issued in Alice George Vs. Deputy Superintendent of Police [2003 (1) KLT 339]. I am satisfied that, in these circumstances, no further specific directions are necessary. 5. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders before the learned Magistrate and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. R. BASANT, JUDGE ttb Crl.M.C. No. 2160 OF 2008 4 Crl.M.C. No. 2160 OF 2008 5