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. 1713 of 2008() ------------------------- CP.13/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA CRIME NO.760/06 OF KALAMASSERY POLICE STATION, COCHIN CITY .................... PETITIONER: 5TH ACCUSED ----------------------- RENISH, S/O.ARAVINDAN, ILLIKATTUPARAMBIL HOUSE CHUTTUPADUKARA, EDAPPALLI NORTH PO. BY ADV. SRI.C.D.JOHNY SRI.C.ARUN PRASANTH SRI.ANOOP MATHEW ABRAHAM RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA , REP. BY SUB INSPECTOR OF POLICE., KALAMASSERY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. ANTONY NIBIL,S/O.JOHN BABU,THOPPIL HOUSE MANAKKAPARAMBU ROAD, CHUTTUPADUKARA EDAPPALLI NORTH PO. BY P.P. 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. 1713 of 2008 ------------------------------------------------- Dated this the 22nd day of May, 2008 ORDER This is an application under Sec.482 of the Cr.P.C. to quash a final report filed by the police after due investigation and the cognizance taken against the petitioner who has been arrayed as the 5th accused in a prosecution for offences punishable, inter alia, under Sec.308 read with Sec.149 of the IPC. The petitioner is named as an accused in the FIR. Investigation was conducted. In the final report filed allegations are raised that the petitioner along with the co- accused was member of an unlawful assembly of persons who in prosecution of their common object had indulged in culpable overt acts. The learned Magistrate accepted the final report and issued process against the petitioner. 2. The learned counsel for the petitioner prays that the Crl.M.C. No. 1713 of 2008 -: 2 :- proceedings against the petitioner may be quashed invoking the extraordinary inherent jurisdiction under Sec.482 of the Cr.P.C. 3. What is the reason? Two reasons are urged. It is contended that in the First Information Statement no specific overt act is alleged against the petitioner herein. Copy of the First Information Statement is not made available. I have perused the FIR. The petitioner is specifically named in the FIR. I shall assume that no specific overt act has been alleged against the petitioner in the First Information Statement which is not produced before me. Even assuming that, the petitioner's liability to face the prosecution with the aid of Sec.149 of the IPC on the allegation that he was member of an unlawful assembly of persons who in prosecution of their common object had indulged in culpable overt acts, cannot be said to be affected by the mere fact that specific overt act has not been alleged against the petitioner. The first ground raised cannot hence be accepted. 4. Secondly it is contended that the 3rd accused who has been named in the FIR has subsequently been dropped from the array of accused. The fact that the 3rd respondent had been dropped from the array of accused cannot certainly confer on the other co-accused any right to have the proceedings against them prematurely terminated. Crl.M.C. No. 1713 of 2008 -: 3 :- 5. I am, in these circumstances, satisfied that there is no justification for the prayer to invoke the extraordinary inherent jurisdiction under Sec.482 of the Cr.P.C. It is trite that such jurisdiction is to be invoked only in exceptional cases and in aid of justice. I find no circumstances justifying or warranting the invocation of such jurisdiction in the facts and circumstances of this case. 6. In the result, this Crl.M.C. is dismissed. But I may hasten to observe that the dismissal of this Crl.M.C. will not in any way fetter the rights of the petitioner to raise all relevant contentions before the learned Magistrate at the appropriate stage. I have only chosen to hold that this is not a fit case where the powers under Sec.482 of the Cr.P.C. can or need be invoked, it is clarified. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 1713 of 2008 -: 4 :-