IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Crl.MC.No. 2692 of 2009 -------------------------------- CC.481/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM CRIME NO. 725/2008 OF KUNNAMKULAM POLICE STATION. .......................................... PETITIONER(S)/1ST ACCUSED ------------------------------------------ ISMAIL AGE 35 YEARS, S/O.ABOOBACKER, AMBALATHU VEEDU, KECHARY DESOM, EARANELLORE VILLAGE. BY ADV. SRI.V.C.MADHAVANKUTTY RESPONDENT(S)/COMPLAINANT ------------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2692 of 2009 -------------------------- ORDER Petitioner is the first accused in C.C.No. 481/2009 on the file of Judicial First Class Magistrate's Court, Kunnamkulam. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A2 final report, based on which learned Magistrate has taken cognizance of the offence under Section 304A read with Section 34 of Indian Penal Code. 2. Learned counsel appearing for the petitioner and learned Public prosecutor were heard. 3. Argument of the learned counsel appearing for the petitioner is that petitioner is not involved in the offence and even if Annexures-A1 and A2 are taken as it is, there is nothing to implicate the petitioner for the offence under Section 304A of Indian Penal Code and therefore, prosecution is to be quashed. CRMC 2692/09 2 4. On hearing the learned counsel, I do not find any reason to invoke the extraordinary inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure to quash the proceedings, when petitioner can very well seek for an order of discharge under Section 239 of Code of Criminal Procedure. Petitioner is entitled to file an application for discharge under Section 239 of Code of Criminal Procedure and raise all the contentions raised herein before the Magistrate. Magistrate has to consider the contentions and pass appropriate order in accordance with law. With that liberty, petition is disposed. 18th August, 2009 (M.Sasidharan Nambiar, Judge) tkv