IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Crl.MC.No. 4483 of 2008() ------------------------- CC.816/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA CRIME NO.86/08 OF MELATTUR POLICE STATION .................... PETITIONER(S): 1ST ACCUSED --------------- POOVATHI SULAIMAN, S/O.MUHAMMED, POOVATHI HOUSE, NENMINI AMSOM, THACHINGANADAM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4483 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2008 O R D E R The petitioner, along with the co-accused, faces indictment in a prosecution for offences punishable, inter alia, under Section 353 r/w. 34 I.P.C. and Section 4 r/w. 21 of the M.M.D.R. Act. Cognizance has been taken on the basis of the final report submitted by the police. 2. The petitioner has now come to this Court with a prayer that the extra ordinary inherent jurisdiction available to this Court under Section 482 Cr.P.C. may be invoked to bring to premature termination the prosecution against the petitioner. 3. What is the ground? The learned counsel for the petitioner advances various grounds before this Court. First of all it is contended that the F.I.R. has been registered on the basis of an instruction given to the S.I. of police by the Revenue Divisional Officer. The counsel sets up an argument that it is not really an F.I. statement alleging commission of cognizable Crl.M.C.No. 4483 of 2008 2 offences. It is only a direction of a superior officer to the S.I. That being the case, a proper investigation has not been conducted and the police officer was obliged to register the F.I.R., it is contended. I do not find any merit in this contention raised. A careful perusal of Annex.5 reveals allegation of commission of offences has been raised and the R.D.O., Perinthalmanna had only forwarded the same to the S.I. with request/direction to take appropriate action under law. That contention cannot persuade me to invoke the jurisdiction under Section 482 Cr.P.C. now. 4. It is next contended that the F.I. statement is hopelessly belated. The delay in filing the F.I. statement can certainly be taken advantage of by the petitioner in the course of trial. I find no reason how that can be reckoned as a sufficient or just reason to invoke the powers under Section 482 Cr.P.C. to quash the proceedings. The effect and consequence of the delay in lodging the F.I. statement can, of course, be raised and considered in the course of trial. 5. The counsel finally contends that as a matter of fact Annex.I has been filed before the District Collector long prior to the lodging of the F.I.R. against them. A proper investigation into the contents of Crl.M.C.No. 4483 of 2008 3 Annex.I has not been conducted by the Investigating Officer, it is lamented. The petitioner had not approached the learned Magistrate for any direction under Section 156(3) Cr.P.C. for the proper conduct of the investigation. Even now, if he is aggrieved that a proper investigation has not been conducted, he has the option to approach the learned Magistrate with a prayer under Section 156(3) and/or 173(8) Cr.P.C. I am not persuaded to agree that the petitioner, who has not exhausted that alternative remedy, which is available to him under law, can be permitted to stake his claim for quashing the proceedings without and before exhausting such remedy. 6. This Crl.M.C. is dismissed. I may hasten to observe that I have not intended to express any opinion on merits about the acceptability of the contentions raised. I choose only to take the view that the powers under Section 482 Cr.P.C. do not deserve to be invoked at this stage. (R. BASANT) Judge tm Crl.M.C.No. 4483 of 2008 4