IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.MC.No. 4546 of 2008(E) -------------------------------------- (C.P.NO.25/08 OF JFCM, MUVATTUPUZHA) ........... PETITIONERS/ ACCUSED 1-4: ------------------------------------------ 1. GEO, AGED 22 YEARS, S/O.THOMAS, VELIYATHUMALIL HOUSE, ANICADU, AVOLI. 2. THOMAS, AGED 58 YEARS, S/O.MATHEW, VELIYATHUMALIL HOUSE, AVOLI. 3. PAPPACHAN, AGED 52 YEARS, S/O.CHAKKO, THEDIKKATTUKUNNEL HOUSE, ANICADU, AVOLI. 4. JIBIN, AGED 23 YEARS, S/O.PAPPACHAN, THEDIKKATTUKUNNEL HOUSE, ANICADU, AVOLI. BY ADV. SRI.GEORGE SEBASTIAN. RESPONDENT/ STATE: --------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/12/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.4546 of 2008 ---------------------------------------- Dated this the 18th day of December 2008 O R D E R Petitioners face indictment as accused 1 to 4 for offences punishable inter alia under Sections 452 and 308 I.P.C. The crux of the allegations against the accused persons, four in number, is that on 23/2/2008 at about 10.30 p.m, they, in furtherance of their common intention, attacked the de facto complainant with dangerous weapon including an iron rod and caused serious injury to him. When the crime was registered initially, allegation under Sections 308 and 452 I.P.C were not raised. But in the course of investigation, further report was filed to incorporate the said allegation. Investigation is now complete and final report has already been filed. There is a counter case also registered in which the allegation was initially raised under Section 326 I.P.C; but in the final report, only the allegation under Section 325 I.P.C inter alia is raised. The petitioners pray that the extraordinary inherent jurisdiction under Section 482 Cr.P.C may be invoked to quash the charge under Section 308 I.P.C against them as the unnecessary and vexatious inclusion of Crl.M.C.No.4546/08 2 that charge obliges them to stand trial before a court of Session. The learned counsel for the petitioners further submits that there has been a transformation of the prosecution case from the stage of the F.I.R and a new allegation of a second incident as a sequel to the first in the house of the neighbour is presently raised. 2. I have considered all the relevant circumstances. I have heard the learned counsel for the petitioners and the learned Public Prosecutor. I am called upon to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C. I am not persuaded to agree that there is any sufficient or compelling reason to invoke the jurisdiction in the facts and circumstances of this case. At the moment and with the available inputs, it is difficult for this court to hazard an opinion that the offence under Section 308 I.P.C is not made out at all. At any rate, I am not persuaded to agree that the jurisdiction under Section 482 Cr.P.C deserves to be invoked against the inclusion of the charge under Section 308 I.P.C in the final report. 3. In the result, this Crl.M.C is dismissed. I may hasten to observe that I have not intended to express any final opinion Crl.M.C.No.4546/08 3 on merits as to whether the charge under Section 308 I.P.C is justified or not. I have only taken the view that powers under Section 482 Cr.P.C do not deserve to be invoked. The dismissal of this Crl.M.C will not in any way fetter the rights of the petitioners to advance a claim for discharge under Section 308 I.P.C and to request the court to invoke powers under Section 228 Cr.P.C. 4. This Crl.M.C is dismissed with the above observations. (R.BASANT, JUDGE) jsr Crl.M.C.No.4546/08 4 Crl.M.C.No.4546/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008