IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Crl.MC.No. 1896 of 2008() ------------------------- C.C.NO.100/2007 OF Judicial First Class Magistrate Court-I, KANNUR PETITIONER: ACCUSED NO.3 ------------------------ T.K.VIJAYARAJAN @ VIJAYARAJARSHI AROGYA NIKETHAN,P.B.NO.25, PATHANAMTTHITTA DISTRICT, (RESIDING AT KURIKKATTIL KIZHAKKETHIL IRAVAN VILLAGE,PATHANAMTHITTA). BY ADV. SRI.B.RAMAN PILLAI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. 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 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1896 of 2008 ---------------------------------------- Dated this the 22nd day of May 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable inter alia under Sections 468 and 420 I.P.C. Altogether there are five accused persons. The petitioner is the third accused. Cognizance has been taken by the learned Magistrate on the basis of a final report submitted by the police after due investigation. Calender case has been registered. Process has been issued to the petitioner. It would appear that the petitioner has already entered appearance. 2. The petitioner has now come to this court with the prayer that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against him. It is submitted that there is no worthwhile allegation whatsoever raised against him and that the petitioner is not liable to be proceeded against. It is, in these circumstances, that the prayer to quash the proceedings. 3. Powers under Section 482 Cr.P.C are to be invoked sparingly and in exceptional cases. Premature termination of a prosecution is contemplated by the Code of Criminal Procedure. Crl.M.C.No.1896/08 2 Even when cognizance is taken on the basis of a final report submitted by the police after due investigation, an accused person who feels entitled to such premature termination can certainly seek such termination by discharge at the stage of 239/240 Cr.P.C. The learned Magistrate is bound to consider such plea of discharge on merits and come to appropriate conclusions. Ordinarily and normally an indictee wanting to claim premature termination of proceedings must resort to the normal remedies available under the Code. Not that this court does not have the jurisdictional competence in an appropriate case to invoke the powers under Section 482 Cr.P.C to bring such undeserved prosecution to premature termination; but ordinarily and normally the courses available under the Code must be resorted to. I shall not embark on any detailed discussion. Having considered all the relevant inputs I am of the opinion that there are no circumstances available in this case which can justify or persuade this court to invoke such extraordinary inherent jurisdiction under Section 482 Cr.P.C. The petitioner must claim premature termination by discharge under Section 239 Cr.P.C. Crl.M.C.No.1896/08 3 4. In the result, this Criminal Miscellaneous Case is dismissed. I may however hasten to observe that I have not intended to express any opinion on merits about the justifiability of the proceedings against the petitioner. It shall be open to the petitioner to claim discharge/acquittal at the appropriate stage before the learned Magistrate and no observations in this order shall fetter his right to claim such premature termination by discharge or acquittal later. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.1896/08 4 Crl.M.C.No.1896/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007