High Court Kerala High Court

Padmanabanunni vs State Of Kerala on 30 September, 2008

Kerala High Court
Padmanabanunni vs State Of Kerala on 30 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3678 of 2008()



1. PADMANABANUNNI
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.RAJESH SIVARAMANKUTTY

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :30/09/2008

 O R D E R
                           R.BASANT, J.
                        ----------------------
                     Crl.M.C.No.3678 of 2008
                    ----------------------------------------
           Dated this the 30th day of September 2008

                               O R D E R

The petitioner is the first accused and he faces indictment

in a prosecution for offences punishable inter alia under Sections

471 and 408 read with 34 I.P.C. Altogether three accused

persons were arrayed. The petitioner is the Secretary of a Co-

operative Society and the second accused is the President of the

Society. The 3rd accused, who is reported to have expired, was a

member of the Director Board of the Society. The crux of the

allegations as can be identified from the F.I.R is that bogus loan

applications in the name of fictitious non-existent persons were

filed and such applications were made use of to siphon out the

funds of the society. This allegedly was committed with the

collusion and active co-operation of the accused persons who did

not discharge their duties in respect to such loan application.

Investigation is now complete. Final report has already been

filed. Cognizance has been taken. The petitioner has already

appeared before the court below and has been enlarged on bail,

it is submitted.

Crl.M.C.No.3678/08 2

2. The final report has not been produced before this

court. The learned counsel for the petitioner submits that the

final report is liable to be quashed invoking the jurisdiction

under Section 482 Cr.P.C. What is the reason? The learned

counsel for the petitioner advances various contentions. It is

submitted that the F.I.R was registered on 05/04/1997. The

alleged incident took place in 1995. The petitioner is a person of

advanced age. The petitioner is not having the responsibility to

identify the loan applicants. He proceeds on the identification

made by the President of the Society and the resolutions of the

Board of Directors. In these circumstances, the petitioner does

not deserve to endure the trauma of a criminal prosecution, it is

submitted.

3. I have considered the submissions. I shall carefully

avoid any detailed discussion on merits about the acceptability of

the allegations or the credibility of the data collected. Suffice it

to say that, having considered all the relevant inputs, I am not

persuaded to invoke the extraordinary inherent jurisdiction

under Section 482 Cr.P.C.

Crl.M.C.No.3678/08 3

4. Premature termination of an undeserved criminal

prosecution can certainly be claimed by an indictee. Such claim

must normally be made under the ordinary provisions of the

Code of Criminal Procedure. In a prosecution in which

cognizance has been taken of a warrant offence on the basis of a

final report submitted by the police, such premature termination

can be claimed at the stage of Section 239 Cr.P.C by discharge.

Ordinarily and normally indictees must be relegated to claim

premature termination by resorting to such ordinary provisions

of the court. In an exceptional case where the interests of justice

compellingly so demand, this court does, of course, have the

reservoir of sweeping powers under Section 482 Cr.P.C to bring

to premature termination such a prosecution. But sufficient,

satisfactory and compelling reasons must be shown to exist for

this court to deviate from the normal procedure and to entertain

such a request for premature termination by invocation of the

extraordinary inherent jurisdiction. I do not find any such

reasons in this case.

5. It will be for the petitioner to claim premature

termination of the proceedings by discharge under Section 239

Crl.M.C.No.3678/08 4

Cr.P.C, if he feels that he has a justifiable ground to so claim

such termination. The learned counsel for the petitioner

contends that the petitioner wants to raise the question of the

bar of limitation also. That question can also be raised at the

stage of Section 239 Cr.P.C. The learned counsel for the

petitioner further submits that the petitioner is aged 70 years

and if his personal presence were to be insisted on all dates of

posting, that will work out great prejudice and hardship to the

petitioner. It is submitted that the petitioner is already on bail.

6. The petitioner can apply for exemption and advance

the plea for discharge through his counsel. Only if the learned

Magistrate finds that charges are liable to be framed u/s 240

Cr.P.C, need the learned Magistrate insist on the personal

appearance of the petitioner, in the absence of other

compelling reasons.

7. With the above observations, this Crl.M.C is

dismissed.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No.3678/08 5

Crl.M.C.No.3678/08 6

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008