IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Crl.MC.No. 5011 of 2008() ------------------------- CRIME NO. 119/2006 OF KUTHUPARAMBA POLICE STATION CC.106/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... PETITIONER(S): ACCUSED ---------------------- POTHADAN SASEENDRAN, S/O.BALAKRISHNAN, NANDANAM, KOOTHUPARAMBA, NARAVOOR P.O., KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENT(S): COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, S.H.O.KUTHUPARAMBA, KANNUR DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 5011 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable under the Kerala Money Lenders Act. It is submitted that the offences alleged against the petitioner include the offence under Section 17 of the Act, which is punishable with imprisonment for a period of three years. Cognizance has been taken on the basis of the final report submitted by the police after due investigation. 2. According to the petitioner he is absolutely innocent. He is already on bail. He does not deserve to stand the trauma of an unjustified criminal prosecution. Proceedings against him may, in these circumstances, be quashed invoking the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. 3. I shall carefully avoid a detailed discussion on facts. An indictee facing undeserved criminal prosecution is certainly entitled to claim premature termination of such proceedings Crl.M.C.No. 5011 of 2008 2 under law. Normally and ordinarily such premature termination can be claimed by invoking the ordinary provisions of the Code. In an appropriate case where the interests of justice compellingly demand such course, this Court does of course have the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. to prematurely terminate such proceedings. I am unable to agree that there are any such exceptional reasons in this case. I am satisfied that it will only be apposite to relegate the petitioner to claim premature termination by discharge under Section 239 Cr.P.C. 4. This Crl.M.C. is dismissed, but with the specific observation that the petitioner shall be entitled to claim premature termination by discharge under Section 239 Cr.P.C. If he is already on bail, the personal presence of the petitioner shall not be insisted for hearing on the question of discharge, if he is represented by a counsel. (R. BASANT) Judge tm