IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Crl.MC.No. 1538 of 2007 -------------------------------------- CC.88/2006 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER: ACCUSED --------------------------------------- RAMACHANDRAN NAIR, S/O.RAGHAVAN PILLAI, "SIVASAILAM",EAST HILL,CALICUT-5. BY ADV. SRI.P.VIJAYA BHANU SRI.PRASUN.S RESPONDENTS: COMPLAINANT AND STATE ------------------------------------------------------------------------ 1. SRI.M.P.PRADEEP KUMAR, S/O.M.O.P.NAMBIAR, CHAIRMAN AND MANAGING TRUSTEE, DAFFODILS EDUCATIONAL AND CHARITABLE TRUST, WEST HILL,CALICUT-5. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.M.ASOKAN FOR R1 SRI.DEVAPRASANTH.P.J. FOR R1 PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/03/2008, ALONG WITH CRMC NO. 2087 OF 2003, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2087 OF 2003 & Crl.M.C.No.1538 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March 2008 ORDER These two petitions filed under Section 482 of the Code of Criminal Procedure epitomise the ego clash of two individuals who are at the helm of affairs of two or three educational institutions in and around Kozhikode. While one of them claims that he still continues to be the Chairman and Managing Trustee of the Educational trust in question, the other is stated to be the Principal and Executive Trustee. Each of them is facing the music of prosecution before a criminal court at the instance of the other. Curiously, the charge against both is for offences punishable under Sections 403, 406, 409 and 420 IPC though on the basis of different kind of allegations. I refrain from making any further comment on the conduct of the two petitioners at this stage. Both seek quashing of the proceedings pending against them before the trial court. While the petitioner in Crl.M.C.2087/03 has been arraigned as the accused in C.C.368/02 in the complaint filed by the respondent Crl.M.C.No.2087 OF 2003 & Crl.M.C.No.1538 OF 2007 :: 2 :: Sri.N.Ramachandran Nair, in the other Criminal M.C. Viz.1538/07, Sri.Ramachandran Nair seeks interference of this court to quash the proceedings pending against him in C.C.88/06 instituted at the instance of the other petitioner. Admittedly both cases are pending on the file of the Judicial Magistrate of First Class-IV, Kozhikode. 2. It is revealed from the records that the dispute emanated in connection with the running of a public charitable trust which had been established sometime ago. While Sri.Padeep Kumar, petitioner in Crl.M.C.2087/03 contends that the allegations made against him that he had misappropriated a sum of Rs.15,000/- which he had allegedly collected in connection with a Musical Night are totally baseless and untenable, Sri.Ramachandran Nair contends that the accusations made against him that he had misappropriated the funds of the trust by siphoning it all to another bank account, are totally unfounded and untenable. 3. Sri.Vijayabhanu, learned counsel appearing for Mr.Ramachandran Nair, petitioner in Crl.M.C.1538/07, fairly concedes that there are more than 3 or 4 civil suits pending Crl.M.C.No.2087 OF 2003 & Crl.M.C.No.1538 OF 2007 :: 3 :: between the parties in respect of the administration and management of the trust and other ancillary disputes. 4. Having carefully perused the materials available on record, especially the two complaints which are sought to be quashed in these proceedings, I have no hesitation to hold that these are not cases where the inherent power of this court under Section 482 of the Code is to be exercised. Indisputably, the contentions raised by the petitioners fall in the realm of disputed questions of fact or atleast these are all contentions which will have to be proved or disproved by adducing oral and documentary evidence. For instance Sri.Pradeep Kumar had produced the original receipt book (bearing No.0771-0780) which he had allegedly misused for collecting money in connection with the Musical Night. According to Sri.Pradeep Kumar, he had not collected any money as alleged. In support of the above contention, he points out that all the foils in the receipt book which had been entrusted to him by the trust still remained unused and intact. Similar contentions have been raised by Sri.Ramachandran Nair as regards the allegations made against Crl.M.C.No.2087 OF 2003 & Crl.M.C.No.1538 OF 2007 :: 4 :: him in the complaint; ofcourse in a totally different context. In short, the petitioners have to necessarily adduce evidence in support of their rival contentions in the two cases before the trial court. Though learned counsel for the petitioners made an impassioned plea to exempt the petitioners from personal appearance before the trial court, I find no reason or justification to allow the said prayer. In the peculiar facts and circumstances, I am of the view that the petitioners should appear before the court so that they may see reason at some point of time and settle the entire sordid issue so that the interest of the educational institutions will be safeguarded. 5. Criminal M.Cs are disposed of reserving the right of the petitioners to take up all their contentions before the trial court. It will be open to them to plead for discharge at the appropriate stage in which event the court below shall take a decision in the matter in accordance with law. Criminal M.C.s are closed. (A.K.BASHEER, JUDGE) jes