IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Crl.MC.No. 3303 of 2008() ------------------------- CC.543/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I,OTTAPPALAM .................... PETITIONER: ------------ JOY. A.O., P.C.4238, PRESENTLY HEAD CONSTABLE 3700, DCRB, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENTS: ------------- 1. MOHAMMED ALI, S/O. ABOOBACKER, KUNNATHU VEEDU, PUNANGAD, OTTAPPALM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3303 of 2008 ------------------------------------------------- Dated this the 1st day of September, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.323 and 294(b) IPC. He has come before this Court with a prayer that the powers under Sec.482 Cr.P.C. may be invoked to quash the proceedings against him. Proceedings were initiated as early as in 2005. His plea is only that the prosecution is bad for sanction under Sec.197 Cr.P.C. Why does the petitioner at this belated hour come to this Court with this petition under Sec.482 Cr.P.C.? Why was this question not raised earlier? I find no satisfactory answers forthcoming. I do not intend to express any opinion on merits about the acceptability of the contention. I need only observe that at this eleventh hour, just before the case is taken up for trial, such an application under Crl.M.C. No. 3303 of 2008 -: 2 :- Sec.482 Cr.P.C. does not deserve to be encouraged. The petitioner must be relegated to raise the issue of sanction under Sec.197(3) Cr.P.C. also at the appropriate stage in the cours of trial. Needless to say, the learned Magistrate must consi er such contention on merits and take appropriate decis ons while disposing of the old case which stands numbered as C. .No.543/05. 2. This Crl.M.C. is, in these circumstances, dismissed with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3303 of 2008 -: 3 :-