IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 299 of 2009() ------------------------ CC.325/2007 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONER(S)/2ND ACCUSED: --------------- P. POTHAN VARGHESE, PAPPALAPARAMBIL, KAITHEPPALAM, PUTHUPPALLY, KOTTAYAM. BY ADV. SRI.N.MAHESH RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 299 of 2009 ------------------------------------------------- Dated this the 20th day of January, 2009 ORDER The petitioner is the 2nd accused in C.C.No.325/07 pending before the learned JFCM, Changanassery. Altogether, there are two accused persons. It is alleged that the petitioner herein is the owner of an elephant and the 1st accused is the mahout of the said elephant. The crux of the allegations is that the accused persons committed the offence punishable under Sec.289 IPC in having administered alcohol to the 1st accused and allowed it to run amok in a state of inebriation. The allegation is that the 1st accused/mahout was abetted by the petitioner herein/2nd accused and was guilty of the culpable overt act. 2. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The Crl.M.C. No. 299 of 2009 -: 2 :- petitioner has already entered appearance. It is submitted at the Bar that the particulars of the offences have not been read over to the petitioner and his plea has not been recorded. The petitioner has come to this Court with a prayer that the extraordinary inherent jurisdiction available to this Court under Sec.482 Cr.P.C. may be invoked to quash the prosecution against him. 3. What is the reason? The learned counsel for the petitioner submits that the allegations raised against the petitioner are groundless and the allegations have no legs to stand on. According to him, he is not the owner of the elephant in question and the allegations have been raised vexatiously. He further submits that he had not in any way abetted the 1st accused and that he therefore does not deserve to stand the trauma of such an unsatisfactory and unjustified prosecution initiated against him. 4. Premature termination of an unjustified and undeserved criminal prosecution can certainly be claimed by an indictee. In a prosecution for summons offence initiated on the basis of a final report submitted by the police, such premature termination can be claimed only under Sec.251 read with Sec.258 Cr.P.C. as explained in the decision in Kamala Rajaram v. State of Kerala (2005 (3) KLT 617). Of course, in an exceptional case Crl.M.C. No. 299 of 2009 -: 3 :- this Court has the jurisdictional competence to invoke the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. But I am not persuaded to agree that, in the facts and circumstances of this case, it is necessary, expedient or just to invoke such jurisdiction. Such compelling and exceptional reasons must be shown to exist to justify the invocation of such jurisdiction. This Court has to be satisfied that failure of justice would otherwise result if the jurisdiction under Sec.482 Cr.P.C. is not invoked. As stated earlier, I am unable to entertain that satisfaction in the facts and circumstances of this case. The petitioner must raise the relevant contentions before the learned Magistrate at the stage of Sec.251/258 Cr.P.C. to claim discontinuance of the prosecution or later in support of his claim of acquittal if he does not succeed in claiming premature termination. 5. In the result, this Crl.M.C. is dismissed with the above specific observations. 6. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 299 of 2009 -: 4 :-