IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3701 of 2008() ------------------------------------- (CRIME NO.369/2008 OF WEST POLICE STATION, KOLLAM) PETITIONER: --------------------- JOSEPH AUSTIN, S/O.LATE ANDREW AUSTIN, AUSTINS VILLA, PUNNATHALA WARD, KOLLAM – 12. BY ADV. SRI.SUNNY ZACHARIA RESPONDENTS: ------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, WEST POLICE STATION, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. JANE AUSTIN, W/O.LATE ANDREW AUSTIN, KURISADI BHAVAN, NOW RESIDING AT CARMEL ARAM, MUNDAKKAL WEST, KOLLAM – 1. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3701 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R The petitioner is the second accused in a crime registered by the police alleging commission of offences punishable, inter alia, under Sections 420 and 468 I.P.C. Altogether there are three accused persons. The dispute essentially is between the mother of the petitioner and the petitioner herein. The petitioner happens to be the youngest son of the complainant. There are disputes between the parties. It is alleged that while the mother was residing with the petitioner herein, he was permitted to manage the properties/business of the mother. But cruelty was allegedly committed against her by the petitioner. This obliged her to escape from the house of the petitioner and took shelter with her other children. Thereafter there has been a running feud between the mother and the son. Against the mother the petitioner had filed a private complaint, which was referred to the police and which was referred as false by the police. The Crl.M.C.No. 3701 of 2008 2 mother had now filed a complaint before the Superintendent of Police under Section 154 Cr.P.C. which has been sent to the local police station for registration of a crime. Crime has been registered. Investigation is in progress. 2. The crux of the allegations is that the petitioner has fraudulently misutilised blank cheques which were in his possession. It is further alleged that he had fraudulently induced her to sign in certain documents. The petitioner prays that powers under Section 482 Cr.P.C. may be invoked to quash the F.I.R. registered against him. The allegations raised against him are totally false and incorrect and are raised vexatiously by his mother at the instance of her other children. 3. The extra ordinary inherent powers under Section 4832 Cr.P.C. are definitely wide and sweeping and can in an appropriate case justify issue pf direction quashing the F.I.R. registered against an accused person. But such powers are not to be invoked as a matter of course. Sufficient, satisfactory and exceptional reasons must be shown to exist to justify the invocation of such extra ordinary inherent jurisdiction. I shall not embark on a more detailed discussion on the acceptability of the allegations or the credibility of the data pressed Crl.M.C.No. 3701 of 2008 3 into service against the petitioner. Suffice it to say that I am unable to perceive any features in this case that would persuade me to invoke the jurisdiction and preempt an investigation by the police. Allegations are raised by the complainant, who is none other than the mother of the petitioner, which according to me, deserve to be investigated. I have no reason to assume that the powers of arrest can be invoked vexatiously against the petitioner. If the petitioner has an apprehension, he can surrender before the Investigating Officer or the learned Magistrate having jurisdiction. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). I am not satisfied that any special or separate direction deserves to be issued in this case. 4. With the above observations this Crl.M.C. is dismissed. (R. BASANT) Judge tm