IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2156 of 2007()
1. P.A.MOHAMMED SHAHEER,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SOORAJ.R.,S/O.M.K.RAJU,
For Petitioner :SRI.VARGHESE C.KURIAKOSE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :05/07/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2156 of 2007
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Dated this the 5th day of July, 2007
O R D E R
The petitioner is the first accused in a prosecution under
Section 420 I.P.C. The crux of the allegations against him is that he
sold an item of property to the defacto complainant fraudulently
suppressing the encumbrance on that property which he had created
by pledging the same to the K.F.C. The defacto complainant filed a
private complaint. The same was referred to the police. After
investigation, final report has been filed. Cognizance has been taken
by the learned Magistrate. It is at that stage that the petitioner has
come to this Court with the present prayer for quashing of
proceedings.
2. The final report has not been produced. I must alertly
remind myself of the nature, quality and contours of jurisdiction
which I am called upon to invoke and exercise. That is an extra
ordinary inherent jurisdiction available under Section 482 Cr.P.C.
Such jurisdiction is to be invoked only sparingly and in exceptional
cases, that too, only in aid of justice. The mere fact that the accused
person may be entitled for discharge at a later stage of the trial is no
Crl.M.C.No. 2156 of 2007
2
reason for this court to invoke the powers under Section 482 Cr.P.C. The
final report having not been filed before this Court, it is not possible to
venture an opinion on the acceptability of the final report. Suffice it to say
that it is for the petitioner to appear before the learned Magistrate and raise
appropriate contentions for discharge at the stage of S.239/240 Cr.P.C. The
petitioner makes a further submission that the dispute with the defacto
complainant has been settled also. The offence alleged is compoundable, it
is submitted. If that be so, it is for the petitioner to appear before the
learned Magistrate and either report composition or claim discharge at the
stage of S.239 Cr.P.C. At any rate, I am not satisfied that the powers under
Section 482 Cr.P.C. can or need be invoked in this case. The learned
Magistrate shall pass appropriate orders.
3. This Crl.M.C. is accordingly dismissed with the above
observations.
(R. BASANT)
Judge
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