IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Crl.MC.No. 4921 of 2008() ------------------------- FIR NO.169/08 OF ERATTUPETTA POLICE STATION PETITIONER(S): PETITIONER/ACCUSED --------------------------------- 1. HAMSA, AGED 52, S/O.ABDUL KHADER RESIDING AT POOKKADASSERY HOUSE, PERUMATTOM, MUVATTUPUZHA. 2. NOUSHAD, AGED 48 YEARS, S/O. ABDU MADEENA MANZIL, MANJERI P.O., MANJERI. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): RESPONDENTS/RESPONDENT ------------------------------------- 1. STATE OF KERALA REPRESENTATION, BY PUBLIC PROSECUTOR (THROUGH HIGH COURT OF KERALA) 2. NIZAMUDDIN, AGED 39 S/O. KHAN, RESIDING AT CHOKATTUVEETTIL HOUSE, THALAPPULAM KARA, ERATTUPETTA VILLAGE. ADDL. 3. JOSE, ALAPPATTU HOUSE KARIMBAN DESOM, IDUKKI. 4. SHAJI, KUZHIMANDAPATHIL HOUSE, KARIKODE DESOM, THODUPUZHA. ADDL. R3 & 4 ARE IMPLEADED AS PER ORDER ON CRL.M.A. 200/09 DT. 14.1.2009. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALAM ADV. SRI.JACOB SEBASTIAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4921 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2009 O R D E R The petitioners are accused 3 and 4 in a crime registered alleging offences punishable under Sections 406 and 420 I.P.C. Altogether there are four accused persons arrayed in the crime now. In the F.I.R. allegations are raised against accused 1 and 2. In the course of investigation the petitioners have been brought on the array of accused. 2. The crux of the allegations is that the accused persons are indulging in an organised criminal activity of purchasing vehicles paying advance (nominal advance, according to the prosecution). They are subsequently fraudulently converting and dismantling them to defraud the victims/owners/sellers. Crime has been registered. Investigation is in progress. In the course of the investigation the complicity of the petitioners has been revealed. The investigators have reasons to believe that a more deeper and exhaustive investigation has to be conducted to ascertain the complicity of the petitioners and others. Crl.M.C.No. 4921 of 2008 2 3. The learned Prosecutor submits that the Investigators have reasons to believe that the accused persons are involved in a larger conspiracy and commission of identical crimes against several individuals. At this stage the composition allegedly effected between the defacto complainant and the accused persons may not be accepted to thwart the investigation which is already in progress. That would amount to denial of justice. Composition of the non-compoundable offences may not be accepted at this early stage of investigation, submits the Prosecutor. 4. Having considered all the relevant circumstances, I am satisfied, notwithstanding the alleged composition between the accused and the defacto complainant, that this is not a fit case where the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. can or ought to be invoked with the aid of the decisions in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), Nikil Merchant v. C.B.I. (2008 (3) KLT 769) and Manoj Sharma v. State (2008 (4) KLT 417 (SC). I am satisfied that there is merit in the objection of the Crl.M.C.No. 4921 of 2008 3 Prosecutor that the Investigators must be given more time to complete the investigation. 5. This Crl.M.C. is accordingly dismissed. I may however hasten to observe that the option of the accused and the victim to seek quashing of proceedings at a later stage after the final report is filed shall remain unfettered by the dismissal of this Crl.M.C. (R. BASANT) Judge tm