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. 4472 of 2008() ------------------------- CC.1388/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM CRIME NO.479/06 OF ERNAKULAM TOWN SOUTH POLICE STATION .................... PETITIONER(S): 2ND ACCUSED --------------- MANUEL VIVERA, S/O.MARK VIVERA, THEKKEKANISSERY HOUSE, PACHALAM.P.O, COCHIN - 682 012. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE S.I OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB 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.4472 of 2008 ------------------------------------- Dated this the 20th day of November, 2008 ORDER Petitioner faces indictment as the 2nd accused in a prosecution for offences punishable, inter alia, under Sections 447, 426 and 506(1) r/w 34 I.P.C. The crux of the allegations is that on account of some disputes relating to the functioning of an association, the accused persons trespassed into the office room occupied by the defacto complainant and indulged in wanton acts of criminal intimidation etc. A complaint was filed. Crime was registered. Investigation was conducted. Final report was filed. Cognizance was taken. The petitioner has received summons to appear before the learned Magistrate. 2. The learned counsel for the petitioner submits that the petitioner is a very respectable person. He was earlier functioning as a temporary Magistrate in the very same court. He is now practicing as a lawyer. The allegations are not true or correct. They are manifestations of the animosity which is existing on account of disputes in an association. Great hardship, prejudice and loss would be suffered if the petitioner Crl.M.C. No.4472 of 2008 2 were compelled to appear personally before the learned Magistrate. In these circumstances, it is prayed that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against the petitioner. 3. I shall carefully avoid any detailed discussion on merits about the acceptability of the allegations or the credibility of the data collected. Suffice it to say that I am not persuaded to agree that this is a fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C can or ought to be invoked to quash the prosecution. 4. The petitioner wants to claim premature termination of proceedings. In the trial of summons case, where cognizance is taken on the basis of a final report submitted by the police, such premature termination can ordinarily be achieved under Section 258 Cr.P.C by dropping of proceedings. The petitioner can certainly apply before the learned Magistrate for dropping of proceedings under Section 258 Cr.P.C. Such prayer must be considered by the learned Magistrate and appropriate orders passed. 5. I do further note that all the offences alleged are summons offences and the petitioner can apply for exemption Crl.M.C. No.4472 of 2008 3 from personal appearance. He can at the first instance appear through counsel and apply to the learned Magistrate showing reasons and claim exemption from personal appearance. The learned Magistrate shall pass appropriate orders. In the peculiar facts and circumstances of this case, I direct that until the claim of the petitioner for dropping of proceedings under Section 258 Cr.P.C is considered, his personal presence need not be insisted by the learned Magistrate and the petitioner can be permitted to appear through counsel till the prayer for dropping of proceedings under Section 258 Cr.P.C is considered and decided. The petitioner can thereafter stake his claim for exemption from personal appearance under Section 205 Cr.P.C and such request shall also be considered on merits and appropriate orders passed. 6. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. (R.BASANT, JUDGE) rtr/-