IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Crl.MC.No. 49 of 2009 ------------------------------ (CR.NO. 400/08 OF MATTANNUR POLICE STATION) .............. PETITIONER/ 5TH ACCUSED: ----------------------------------------- G. DASAN @ KALIDASAN, S/O. GANDHI, AGED 27 YEARS, RAJENDRAPURAM, BADHANAYKANDHAR, POLLACHI, ROOM BOY AT PARASSINIKADAVU THAI RESORT. BY ADV. SRI.CIBI THOMAS. RESPONDENTS/ COMPLAINANT STATE: ---------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 49 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009 O R D E R The petitioner as the 5th accused faces indictment in a prosecution for offences punishable, inter alia, under Section 376(2)(g), 120(b) and 109 I.P.C. The crux of the allegations is that the father of the victim minor girl had sexual intercourse with that girl and also permitted others to have sexual intercourse with her. Such illegal activity was going on for a long period of time and after investigation final report has been filed raising allegations in respect of all such separate instances of culpable sexual intercourses with the victim. Charges have already been framed and trial has commenced. 2. At this juncture the petitioner has come before this Court with the grievance that there is inadequacy/defect in the framing of charges. I am informed that trial has already commenced and in these circumstances I am satisfied that it is not necessary in the interests of justice to invoke the extra Crl.M.C.No. 49 of 2009 2 ordinary inherent jurisdiction under Section 482 Cr.P.C. to interfere with the trial that is already commenced. 3. The learned Prosecutor submits that the prosecution takes the stand that the jointer of charges is absolutely justified in the circumstances of the case. The trial having already started and considering the nature of the contentions raised, I am of the opinion that it is not necessary for this Court at this stage to invoke the jurisdiction under section 482 Cr.P.C. 4. This Crl.M.C. is dismissed, but with the specific observation that the dismissal of this Crl.M.C. will not in any way fetter the rights of the petitioner to raise appropriate contentions before the court below at the appropriate stage. (R. BASANT) Judge tm