IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Crl.MC.No. 421 of 2008() ------------------------ CC.73/2004 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER: ACCUSED NO.5 ------------------------ JOSEPH K.GEORGE, S/O GEORGE, KATHVARUKEEZHIL HOUSE, P.O.PANARAMATTAM, IDUKKI DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C No.421 of 2008 ------------------------------------- Dated this the 27th day of May, 2008 ORDER Petitioner is the 5th accused in a prosecution for offences punishable, inter alia, under Sections 409 and 420 r/w 34 I.P.C. Crime was registered in 2001. Final report was filed in 2004. The petitioner has already entered appearance before the court. The learned counsel for the petitioner submits that the allegations against the petitioner are totally unjustified and there is absolutely no material on which the allegation can be founded. In these circumstances the learned counsel for the petitioner prays that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against the petitioner. 2. I take note that altogether there are 5 accused persons. Cognizance was taken as early as in 2004. I am not persuaded to agree that the powers under Section 482 Cr.P.C can or ought to be invoked in favour of the petitioner at this stage. I am satisfied that the interests of justice will be served ideally by directing the petitioner to appear before the learned Magistrate and claim premature termination of proceedings against him by discharge at the stage of Section 239/240 Cr.P.C. 3. Premature termination of criminal proceedings against an indictee can be achieved by resorting to the ordinary Crl.M.C No.421 of 2008 2 procedure of Criminal Procedure Code. It is not necessary in every such case for this Court to invoke the powers under Section 482 Cr.P.C. Normally and ordinarily, an indictee claiming premature termination of proceedings must resort to the ordinary provisions available under the Code. Moreover considering the fact that there are plurality of accused and that cognizance has been taken as early as in 2004, I take the view that the petitioner can be directed to appear before the learned Magistrate and claim discharge. I find no satisfactory reason to invoke the jurisdiction under Section 482 Cr.P.C. 4. This Crl.M.C is, in these circumstances, dismissed. The petitioner can appear before the learned Magistrate through counsel within a period of 30 days from this date and if he so appears, the learned Magistrate shall consider his plea of discharge without insisting on the personal presence of the petitioner. He shall be permitted to be represented by his counsel till a decision is taken on the question of charge/discharge under Section 239/240 Cr.P.C. Only if the court decides to proceed further against the petitioner can and need the personal presence of the petitioner be insisted. (R.BASANT, JUDGE) rtr/- Crl.M.C No.421 of 2008 3