IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.MC.No. 2162 of 2008() ------------------------- C.C.NO.699/06 OF THE JFCM COURT-II, TRICHUR. PETITIONER: ACCUSED ------------------- K.A.POLY AGED 40 YEARS, KALLIPARAMBIL VEEDU, MANNAMPETTA, MUKUNDAPURAM, THRISSUR. BY ADV. SRI.A.T.ANILKUMAR SMT.SREEDEVI RADHAKRISHNAN RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE SECRETARY DISTRICT TOURISM PROMOTION COUNCIL, PALACE ROAD, TRICHUR. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2162 of 2008 ------------------------------------------------- Dated this the 9th day of June, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Secs.420 and 406 of the IPC. The crux of the allegations against the petitioner is that he had committed the said offences in respect of a house boat, Safari boat etc., belonging to the District Tourism Promotion Council, Trichur. They were allegedly entrusted to the petitioner. The petitioner did not act in terms of the entrustment and did allegedly deal with the same with malicious and culpable intent. He did not return the boats to the Council when he was called upon to do the same. 2. Investigation is complete. Final report has already been filed. According to the petitioner, even admittedly there was no written agreement at the time of the alleged Crl.M.C. No. 2162 of 2008 -: 2 :- entrustment. The learned counsel contends that at worst there is only a civil dispute and criminal adjudicatory process has been resorted to without any justifiable excuses; but with the sole intention to vexing and harassing the petitioner. The learned counsel for the petitioner, in these circumstances, prays that the extraordinary inherent jurisdiction available to this Court under Sec.482 of the Cr.P.C. may be invoked to bring to premature termination the proceedings against the petitioner. 3. I have heard the learned counsel for the petitioner. I have perused the records. At this early stage of the investigation, I shall not embark on any detailed discussions on the acceptability of the allegations or the credibility of the data collected. The petitioner claims premature termination of the proceedings against him. Under the Code, a person facing undeserved prosecution does certainly have the right to claim premature termination of the proceedings by discharge. In a case instituted on a police report, such discharge must be claimed under Sec.239/240 of the Cr.P.C. Ordinarily, an indictee must resort to the provisions of the Code to claim premature termination by discharge. Of course, this Court has jurisdictional competence in an appropriate case in the interests of justice to invoke the powers under Sec.482 of the Cr.P.C. also Crl.M.C. No. 2162 of 2008 -: 3 :- to bring to premature termination the proceedings so launches on the basis of the report submitted by the police after due investigation. 4. I need only mention that having considered all the relevant inputs, I am not persuaded to agree that this is a fit case where the extraordinary inherent jurisdiction under Sec.482 of the Cr.P.C. can or ought to be invoked. The petitioner must be relegated to seek his remedy in accordance with provisions of the Code as no compelling, extraordinary or exceptional circumstances are shown to exist to justify such invocation of the inherent powers. 5. This Crl.M.C. is, in these circumstances, dismissed. But I make it clear that I have not intended to express any opinion on the justifiability of the claim for discharge under Sec.239 of the Cr.P.C. If a plea for discharge is raised at the appropriate stage, the learned Magistrate must consider the same and take appropriate decision in accordance with law. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2162 of 2008 -: 4 :-