IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Crl.MC.No. 4771 of 2008() ------------------------- F.I.R.NO.692/08 OF THOPPUMPADY POLICE STATION PETITIONER(S): --------------- 1. LUKOSE JACOB @ THANKACHAN, PALIPARAMBIL HOUSE, MUNDAMVELI P.O., SOUTH MOOLAMKUZHY, COCHIN-7 2. MOLLY, W/O. LUKOSE JACOB, PALLIPARAMBIL HOUSE, MUNDAMVELI P.O SOUTH MOOLAMKUZHY, COCHIN-7. 3. PRIYA, D/O. LUKOSE JACOH, PALLIPARAMBIL HOUSE, MUNDAMVELI P.O. SOUTH MOOLAMKUZHY,COCHIN-7. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL SRI.P.JAYAKRISHNA KAIMAL RESPONDENT(S): --------------- 1. LUSY JAISY, D/O. ANDREWS, C.C.XV/1116, RAMESWARAM, MOOLAMKUZHI, KOCHI-7. 2. STATE OF KERALA REP.BY DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4771 of 2008 ---------------------------------------- Dated this the 1st day of January 2009 O R D E R Petitioners are accused 1 to 3 and they face allegations in a crime registered alleging offences punishable inter alia under Sections 420, 406 and 409 I.P.C. That crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred to the police under Section 156 (3) Cr.P.C. According to the de facto complainant, the petitioners had forged a document and was attempting to rely on the same to fraudulently deceive and cause loss to the de facto complainant. The crime has been registered. Investigation is in progress. The petitioners have already been enlarged on regular bail, it is submitted. 2. At this juncture, the petitioners have come before this court with the prayer that the crime registered against the petitioner may be quashed invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. 3. Powers under Section 482 Cr.P.C have been described to be awesome and sweeping. The powers include the power to Crl.M.C.No.4771/08 2 quash an F.I.R registered. But such extraordinary inherent jurisdiction is to be invoked only in exceptional cases where the interests of justice compellingly demand resort to such power. In the instant case, the crux of the allegations is that a forged document has been created which is being fraudulently pressed into service to defeat the rights of the de facto complainant. There are litigations between parties. 4. I shall not delve deeper into the factual controversy raised. Suffice it to say that I am not persuaded to agree that any such circumstances exist which insist or warrant the invocation of extraordinary inherent jurisdiction in favour of the petitioners who have already been enlarged on bail. It is for the investigator to conduct a thorough investigation and come to an appropriate conclusion of facts and law. I am persuaded to agree that it is not necessary at this juncture to invoke the jurisdiction under Section 482 Cr.P.C and thus quash the F.I.R registered on the basis of the complaint of the de facto complainant. I have no reason to assume that the police shall not conduct a proper enquiry and ascertain the real truth in the controversy. Crl.M.C.No.4771/08 3 5. This Crl.M.C is in these circumstances dismissed. I may, however, hasten to observe that the dismissal of this Crl.M.C will not in any way fetter the rights of the petitioner to take appropriate steps after the filing of the final report, if any such further action be necessary. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4771/08 4 Crl.M.C.No.4771/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008