IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Crl.MC.No. 3585 of 2008 ---------------------------------- (C.P. NO.3/08 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM) ................ PETITIONERS/ ACCUSED NOS.2 & 3: ---------------------------------------------------- 1. ROBIN, S/O.LASAR, ALEESH BHAVANAM, VEEDU, SINKARAPALLY, KODUVILA MURI, KIZHAKKEKKALLADA, KOLLAM. 2. ANI @ ANIMON, S/O.YESUDASAN, PALLIVILA VEEDU, KODUVILA MURI, KIZHAKKEKKALLADA VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN. RESPONDENT/ STATE & COMPLAINANT: ---------------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KIZHAKKEKKALLADA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3585 of 2008 ---------------------------------------- Dated this the 7th day of October 2008 O R D E R Petitioners are accused 2 and 3 and they, along with the first accused face indictment in a prosecution for offences punishable inter alia under Sections 324 and 308 read with 34 I.P.C. Investigation is now complete. final report has already been filed. Cognizance has been taken by the learned Magistrate. Committal proceedings has been registered. At this stage, the petitioners have come before this court with a prayer that the prosecution in so far as it relates to them may be quashed invoking the jurisdiction under Section 482 Cr.P.C. 2. What is the ground? The learned counsel for the petitioners contends that specific overt acts are not alleged against the petitioners in the F.I.S. It is further contended alternatively that, at any rate, the allegation under Section 308 I.P.C is totally unjustified. 3. I have considered all the relevant contentions. I have perused the records that are available and placed before me. In particular, I have gone through the averments in the F.I.S. I Crl.M.C.No.3585/08 2 have gone through the final report submitted. The wound certificate has also been placed before me. I shall scrupulously avoid any detailed discussion on merits about the acceptability of the allegations raised or the credibility of the data collected. Suffice it to say that on an anxious consideration of all the relevant inputs, I am not persuaded to agree that this is a fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C can or ought to be invoked. I need only mention that I take note of the submission of the learned Public Prosecutor that though there is no specific allegation of overt criminal acts by the petitioners against the person of the victim, sufficient indications have been collected to conclude that they have shared the common intention with the first accused and had actually participated in the crime committed. The learned Public Prosecutor also brings to my attention the details of the nature of injuries suffered and the nature of weapon which is alleged to have been used for the commission of the offence in support of his contention that the final report filed under Section 308 I.P.C does not at any rate warrant interference. Crl.M.C.No.3585/08 3 4. I am satisfied that at this early stage and with the available inputs, it is not possible for this court to conclude that the petitioners are not at all involved in the crime committed or that the allegation under Section 308 I.P.C is not justified. I am, in these circumstances, not persuaded to invoke the jurisdiction under Section 482 Cr.P.C. 5. This petition is in these circumstances dismissed. I may hasten to observe that the dismissal of this petition will not in any way fetter the rights of the petitioners to raise appropriate contentions before the learned Sessions Judge at the stage of charge/discharge under Section 227/228 Cr.P.C or thereafter in the course of the trial. Appropriate decision shall be taken by the learned Sessions Judge considering all the materials placed before him and the arguments advanced. 6. With the above observations, this petition is dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3585/08 4 Crl.M.C.No.3585/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008