IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Crl.MC.No. 3664 of 2008() ------------------------- CRIME NO.54/08 OF THE THERUNELLY POLICE STATION PETITIONER(S): --------------- SUNILKUMAR, S/O.ACHAPPAN, POOLAKUZHY HOUSE, PUTHUSSERY KADAVU, MANANTHAWADY, WAYANADU. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3664 of 2008 ------------------------------------------------- Dated this the 13th day of October, 2008 ORDER About an incident which took place on 15/5/08, a case and counter case has been registered. The petitioner is the accused in one case and the informant/injured in the other. The case against him has been registered alleging offences punishable under Secs.341 and 308 read with Sec.34 IPC; whereas the case in which he is the complainant has been registered alleging the offences punishable, inter alia, under Sec.324 IPC and Sec.3(1)(x) of the SC/ST (Prevention of Atrocities) Act. Investigation is in progress in both the cases. The petitioner has come to this Court at this juncture with this petition under Sec.482 Cr.P.C. with a prayer that registration of the crime under Sec.308 IPC may be quashed. Inclusion of the offence under Sec.308 IPC shows the mala fides of the Crl.M.C. No. 3664 of 2008 -: 2 :- police and their intention to help the petitioner's adversary in an unjustified manner. The learned counsel for the petitioner submits that though anticipatory bail was sought, the same has been rejected by the court concerned. 2. The prayer is to invoke the powers under Sec.482 Cr.P.C. to alter the Section of offence shown in the FIR. I am not persuaded to agree that sufficient, satisfactory and compelling reasons exist to justify the invocation of the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. It is for the petitioner to surrender before the learned Magistrate or the Investigating Officer and seek regular bail. In the alternative, he has the option to move for anticipatory bail which attempt has already been unsuccessful. I am, in these circumstances, satisfied that it is not necessary to invoke the jurisdiction under Sec.482 Cr.P.C. 3. This petition is accordingly dismissed. Needless to say, the petitioner's right to challenge the final report if one eventually filed under Sec.308 IPC shall remain unfettered by the dismissal of this Crl.M.C. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3664 of 2008 -: 3 :-