High Court Kerala High Court

Mani vs State Of Kerala on 8 December, 2006

Kerala High Court
Mani vs State Of Kerala on 8 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3993 of 2006()


1. MANI, W/O. KUTTAN, AGED 51 YEARS,
                      ...  Petitioner
2. LAKSHMIKKUTTY, W/O. KUTTAN,
3. JAYAPRABHA, D/O. MANI, AGED 30 YEARS,
4. JAYAPRAKASH, S/O. KUTTAN, AGED 31 YEARS,
5. SINDHU, W/O. JAYAPRAKASH, AGED 29 YEARS,

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

2. MAYA, D/O. SUBADRA, AGED 24 YEARS,

                For Petitioner  :SRI.BIJU M.JOHN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :08/12/2006

 O R D E R


                              R. BASANT, J.

              -------------------------------------------------

                      CRL.M.C.NO. 3993 OF  2006

              -------------------------------------------------

            Dated this the 8th day of December, 2006


                                  ORDER

The petitioners face indictment in a prosecution under

Secs.496, 120B and 294(b) read with Sec.34 of the IPC.

Cognizance has been taken by the learned Magistrate for the

offence committed on the basis of a final report submitted by

the police, after investigation. The petitioners were released

on bail by the learned Magistrate at the crime stage, it is

submitted. The petitioners have rushed to this Court without

and before appearing before the learned Magistrate with a

prayer that the powers under Sec.482 of the Cr.P.C. may be

invoked to quash the proceedings against them.

2. What is the reason? The learned counsel for the

petitioners only submits that the allegations do not justify the

further proceedings against them. They may not be forced to

endure the trauma of criminal prosecution against them, it is

prayed.

3. Ordinarily and normally, I should expect the accused

persons against whom unjustified criminal proceedings are

CRL.M.C.NO. 3993 OF 2006 -: 2 :-

initiated to appear before the court concerned and claim

discharge. That is the ordinary and normal remedy available to a

person. Of course, the availability of such a remedy will not

inhibit or fetter the powers of this Court under Sec.482 of the

Cr.P.C. to quash a criminal prosecution invoking its

extraordinary inherent jurisdiction. But that can only be the

exception and not the daily routine. That cannot be a matter of

course. That cannot be the daily bread of this Court.

4. In the facts and circumstances of this case, I find no

exceptional reasons which would justify this Court invoking the

powers under Sec.482 of the Cr.P.C.

5. The learned counsel for the petitioner, however, submits

that the accused include old persons aged about 70 years. If

unnecessary insistence on personal appearance were made, that

would work out great prejudice and hardship to the petitioners,

it is submitted. I find no reason why, in the facts and

circumstances of this case, the learned Magistrate would insist

on personal presence of the accused persons on all dates of

posting. The petitioners can apply to the learned Magistrate for

exemption until they are heard on the question of charge and the

court decides that there is reason to frame charge against the

CRL.M.C.NO. 3993 OF 2006 -: 3 :-

petitioners.

6. In the result, this Crl.M.C. is dismissed; but with the

observation that the petitioners can be permitted by the learned

Magistrate on their applications to appear through counsel to

claim discharge. Only if it is found by the learned Magistrate

that the charges are liable to be framed, need the learned

Magistrate insist on the personal appearance of the accused, till

then the petitioners can be permitted to appear through counsel.

In the peculiar facts and circumstances of this case, I am

satisfied that the above observation/direction deserves to be

made/issued.

(R. BASANT, JUDGE)

Nan/