IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4969 of 2008 --------------------------------- ( CRIME NO. 708/2008 OF KANNUR POLICE) ........... PETITIONER/ 2ND ACCUSED: ------------------------------------------ V. MOHAMMED AZEEM, AGED 44 YEARS, S/O. V.C. ABOOBACKER, C.P. HOUSE, KAMBIL.P.O., KOLANCHERY, KANNUR. BY ADV. SRI.K.K.MOHAMED RAVUF. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, ALONG WITH CRL.M.C. NOS. 4979/2008 & 4990/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 4969, 4979 & 4990 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 O R D E R The petitioners are accused 2 to 4 in a crime registered alleging offences punishable, inter alia, under Sections 468 and 471 I.P.C. Crime has been registered on the basis of a complaint filed by the Branch Manger of Kerala State Co-operative Bank, Kannur. The first accused is the Senior Manager of the bank and accused 2 to 4 are junior assistants, who were working in the said branch. 2. The crux of the allegations is that the first accused in collusion with accused 2 to 4 and others ensured that false documents were created to facilitate siphoning out of amounts of the bank to the hands of undeserved persons. Crime has been registered. Investigation is in progress. The first accused has retired from service. All others have by now been arrested and released, it is submitted. 3. The petitioners have come to this court with a prayer to quash the criminal prosecution invoking the jurisdiction under Crl.M.C.Nos. 4969, 4979 & 4990 of 2008 2 Section 482 Cr.P.C. This court undoubtedly has jurisdiction under Section 482 Cr.P.C. to quash an F.I.R. in an appropriate case. But that is an exceptional relief that can be granted to a party. Ordinarily and normally this court would not interfere with the investigation in a crime unless the interests of justice compellingly demand such a course. 4. I shall carefully avoid detailed reference to disputed facts. The crux of the allegations, it appears, is that the petitioners who are officers working under/with the first accused have colluded with the first accused in the culpable conduct indulged in by him. There is an allegation that accused 2 to 4 had known about the illegal and fraudulent transactions. There is an allegation that the loan applications were prepared in the hand of these petitioners. Without the knowledge and collusion of the petitioners, the first accused could not have indulged in this culpable act, it is alleged. 5. It is not necessary for me to express any opinion on the acceptability of those allegations. Suffice it to say that I am not persuaded to agree that the extra ordinary inherent jurisdiction under Crl.M.C.Nos. 4969, 4979 & 4990 of 2008 3 Section 482 Cr.P.C. can or deserves to be invoked to quash the F.I.R. registered against the petitioners. I am satisfied that the police must conduct a fair and proper investigation and come to appropriate conclusions/decisions on the basis of such materials collected. 6. These Crl.M.Cs. are accordingly dismissed. I may hasten to observe that I have not intended to express any opinion on the acceptability of the allegations. I have only chosen to take the view that powers under Section 482 Cr.P.C. do not deserve to be invoked at this stage. (R. BASANT) Judge tm