IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Crl.MC.No. 4098 of 2008() --------------------------------------- (C.C.NO.197/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANANTHAPURAM) ............ PETITIONER(S): ACCUSED: ---------------------------------------- BENZI MANI MATHEWS, S/O.MANI MATHEWS, AGED 33 YEARS, THAMPANOOR, THIRUVANANTHAPURAM – 1, NOW AT NO.41,44,CHESTER LE BLUD, SCARBOROUGH, TORONTO, CANADA. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SALINI, D/O.SARADAMANI DEVI, AGED 43 YEARS, AKASH, SRA – 56, TC 6/571 (1) ELIPODE, VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM – 13. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4098 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of October, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 498A I.P.C. Cognizance has been taken on the basis of the final report submitted by the police after due investigation. The petitioner has not entered appearance. Coercive processes have been issued by the learned Magistrate to procure his presence. 2. The petitioner has now come before this Court with a prayer that the prosecution against him may be quashed invoking the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. What is the reason? The short contention raised is that the allegations are totally false and are raised vexatiously. The counsel tries to pick holes in the prosecution case by pointing out the incongruities and inconsistencies between the complaint filed by the complainant and her statements before the police. Crl.M.C.No. 4098 of 2008 2 3. Alertly conscious of the nature and quality of jurisdiction under Section 482 Cr.P.C., I must say that at this stage this court cannot try to evaluate the materials available and decide on the acceptability of the materials relied on by the prosecution. I need only mention that I do not find any reason to invoke the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. If the petitioner is so advised, he can claim discharge at the stage of Section 239/240 Cr.P.C. 4. The learned counsel for the petitioner submits that if an opportunity is given to settle the disputes at the Lok Adalat, the petitioner shall make endeavour to settle the disputes. He can appear through counsel and make that request before the learned Magistrate. Such request must be considered by the learned Magistrate on merits. 5. The learned counsel for the petitioner submits that the petitioner is employed abroad. He prays that the petitioner may be permitted to appear through counsel and plead discharge under Section 239 Cr.P.C. In the peculiar facts and circumstances of the case, I direct that to avoid loss of time, the petitioner can be permitted to appear through counsel and advance his plea for discharge under Section 239 Crl.M.C.No. 4098 of 2008 3 Cr.P.C. The learned Magistrate can consider such prayer for discharge if the petitioner appears through counsel and advance this plea. (R. BASANT) Judge tm