IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2486 of 2007()
1. D.SURESH,
... Petitioner
2. RAJENDRAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THOMAS T.V., S/O. JOSEPH VARKEY,
3. P.SURESH,
For Petitioner :SRI.SUBHASH CYRIAC
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/08/2007
O R D E R
R.BASANT, J
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Crl.M.C. No.2486 Of 2007
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Dated this the 6th day of August, 2007
ORDER
The petitioners face indictment in a prosecution for offences
punishable under Sections 468 and 420 IPC. Investigation is complete.
Final report has already been filed. Cognizance has been taken by the
learned Magistrate as early as on 15.06.05. The petitioners have
appeared before the learned Magistrate. Charges were framed. The
petitioners have not chosen to challenge the order framing charges.
Now the matter has been posted for trial. The trial is to commence
shortly, it is submitted. At this stage the petitioner come before this
Court with a prayer to quash the proceedings invoking the powers
under Sec.482 Cr.P.C.
2. What is the reason? Why did the petitioners not come before
this Court earlier? Why have they came at this eleventh hour? Why
did they not challenge the order framing the charges? I must say that
no satisfactory reasons are forthcoming. I must alertly remind myself
of the nature, quality and contours of the jurisdiction which I am called
upon to invoke and exercise. I find no reason which could justify the
belated invocation of Section 482 Cr.P.C.
Crl.M.C.No. 2486 of 2007
2
3. Obviously the petitioners were willing to take part in the trial now.
It appears to me that only to avoid the obligation to get ready for trial
on the date of listing, the petitioners have come to this court with the
prayer for quashing the proceedings. I am satisfied that this is not a
fit case where the petitioners deserve or are justified in requesting this
Court to invoke the powers under Section 482 Cr.P.C. The petitioners
must take part in the trial of the case which is listed already.
4. This Crl.M.C is accordingly dismissed.
(R.BASANT, JUDGE)
sj