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. 4444 of 2008() -------------------------------------- (CRIME NO.237/2006 OF PAYANGADI POLICE STATION) PETITIONER(S): ACCUSED NO.1 & 2: ------------------------------------------------------ 1. PUTHALATH BHASKARA PODUVAL, S/O.MEENAKSHI AMMA, KADANNAPPALLI AMSOM, CHERUVACHERRY DESOM, MATHAMANGALAM, KANNUR DISTRICT. 2. K.SOBHA, D/O.P.BHASKARA PODUVAL, KADANNAPPALLI AMSOM, CHERUVACHERRY DESOM, MATHAMANGALAM, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANT: -------------------------------------------------- STATE OF KERALA, REPRESENTD 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.4444 of 2008 ------------------------------------- Dated this the 19th day of November, 2008 ORDER Petitioners - father and daughter duo, are facing allegations in a crime registered alleging commission of the offences punishable under Sections 468 and 471 I.P.C. The defacto complainant is the brother of the 1st accused/father. The crux of the allegations is that a power of attorney allegedly executed by a third brother, who allegedly is an imbecile, was forged by the accused persons to facilitate fraudulent transfer of the rights of the said imbecile brother in favour of the accused/daughter on the strength of such power of attorney in favour of the accused/ father. 2. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 3. The petitioners have come to this Court with a prayer that the extraordinary inherent jurisdiction under Section 482 Cr.P.C may be invoked to quash the F.I.R registered against the petitioner. The learned counsel for the petitioners poses a question. The counsel queries how the defacto complainant can Crl.M.C. No.4444 of 2008 2 file a complaint on the basis of the alleged statement of the alleged imbecile brother that he has not executed the power of attorney. This is the crux of the contention raised. If the brother is imbecile, then even in the absence of a complaint from him it is perfectly possible for one brother of such person to lodge a complaint. The question posed therefore is insufficient to persuade this Court to invoke the extraordinary inherent jurisdiction. The challenge against the F.I.R must, in these circumstances, fail. 4. I must hasten to observe that I have not intended to express any opinion on the acceptability of the allegations raised against the petitioners in the F.I.R or the acceptability of the defence which the petitioners want to set up. I only taken the view that there are no compelling circumstances which can persuade this Court to invoke the extraordinary inherent jurisdiction to quash the F.I.R and thus thwart an investigation which has already commenced. 5. It is submitted that the petitioners are prepared to surrender before the Investigating Officer or the learned Magistrate and seek regular bail. Therefore it is prayed that directions under Section 482 Cr.P.C may be issued to the Crl.M.C. No.4444 of 2008 3 learned Magistrate to consider the application for bail on merits, in accordance with law and expeditiously. 6. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioners. 7. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 8. Hand over a copy of this order to the learned counsel for the petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-