IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Crl.MC.No. 363 of 2009() ------------------------ CC.195/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER(S): --------------- 1. RAJEEV, MADAPPALLIL (H),VAZHOOR.P.O, KODUNGOOR, KOTTAYAM. 2. SAJEEV, MADAPPALIL (H)VAZHOOR.P.O, KODUNGOOR, KOTTAYAM. BY ADV. SRI.V.V.SURESH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, PALLICKATHODU POLICE STATION, KOTTAYAM. 3. ANAND @ KANNAN, VIRIPPINVELIYIL(H), KAVUNILAM, VAZHOOR.P.O, KODUNGOOR, KOTTAYAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.363 of 2009 ---------------------------------------- Dated this the 2nd day of February 2009 O R D E R Petitioners are accused 4 and 5 and they face indictment in a prosecution for offences punishable inter alia under Section 324 read with 34 I.P.C. Altogether there are five accused. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. The petitioners have entered appearance already before the learned Magistrate, it is submitted. 2. The petitioners have now come before this court with the prayer that powers under Section 482 Cr.P.C may be invoked to quash the prosecution in so far as it relates to them. What is the reason? 3. According to the learned counsel for the petitioners, the allegations raised against them are totally false and incorrect. They do not deserve to stand the trauma of such unjustified proceedings against them. It is hence prayed that they may be saved of the trauma of such a prosecution by invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. Crl.M.C.No. 363/09 2 4. I am afraid, the prayer cannot now be accepted. The petitioners are named in the F.I.R. After completing the investigation, final report has been filed raising allegations against the petitioners herein also. 5. At this stage and with the available inputs and invoking the jurisdiction under Section 482 Cr.P.C, it appears to be impossible to come to any specific conclusion as to whether the allegations are true or false. I am, in these circumstances, satisfied that the prayer to quash the proceedings cannot be accepted. 6. The learned counsel for the petitioners then submits that at least there may be a direction for expeditious disposal of the case inasmuch as the petitioners have to go abroad. It is for the petitioners to apply before the learned Magistrate for an expeditious out of turn disposal of their case, pointing out to the learned Magistrate the circumstances under which they are seeking such expeditious out of turn disposal. Needless to say, the petitioners, if they feel that they are entitled to advance such a plea successfully, can seek premature termination of proceedings by discharge under Section 239 Cr.P.C also. The Crl.M.C.No. 363/09 3 petitioner's prayer for premature termination of proceedings against them by discharge under Section 239 Cr.P.C and also for an expeditious out of turn disposal of the case must be considered by the learned Magistrate on merits and appropriate orders passed. I take note of the report of the learned Magistrate that charges have not been framed already and the court is waiting for the appearance of the 1st accused in the case. 7. This Crl.M.C is in these circumstances dismissed with the above observations. (R.BASANT, JUDGE) jsr Crl.M.C.No. 363/09 4 Crl.M.C.No. 363/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008