IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3157 of 2007()
1. MALAYIL PURUSHU @ PURUSHOTHAMAN
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :15/10/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.3157 of 2007
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Dated this the 15th day of October 2007
O R D E R
The petitioner is the first accused in a prosecution for
offences punishable inter alia under Section 353 read with 149
I.P.C. The crux of the allegations against the petitioner is that
he was member of an unlawful assembly of persons on 1/7/1996
at 4 p.m and the said unlawful assembly in prosecution of its
common object had attacked one police official.
2. Investigation was complete. The matter stands listed
for trial to this date before the learned Magistrate, it is
submitted. At this stage, the petitioner has rushed to this court
with the prayer that the proceedings against the petitioner may
be quashed and the further proceedings before the learned
Magistrate may be stayed, invoking the powers under Section
482 Cr.P.C.
3. What is the reason? According to the petitioner, in
respect of the incident which took place on 1/7/1996 at 4 p.m,
another crime was registered. Investigation was conducted.
Trial was held and the petitioner as well as some other co-
Crl.M.C.No.3157/07 2
accused were found guilty, convicted and sentenced by the
learned Magistrate. Inasmuch as on the identical allegation,the
petitioner was tried, found guilty and convicted, the petitioner
does not deserve to stand trial again, it is submitted. The
matter, admittedly, stands posted for trial to this day before the
learned Magistrate. Altogether there are 33 accused persons
each in both cases, it is submitted. The other accused have not
raised any objections. The petitioner did not raise any objections
at any earlier stage though the crime was allegedly committed as
early as in 1996 and the case has been registered as early as in
2003 as can be ascertained from the number of the C.C pending –
C.C.No.732/03.
4. The prayer is to invoke the jurisdiction under Section
482 Cr.P.C. The other case was registered as Sessions case
106/01 and admittedly the judgment of conviction was
pronounced on 2/9/2003.
5. I am called upon to invoke and exercise the
extraordinary inherent jurisdiction under Section 482 Cr.P.C.
One who seeks such extraordinary relief must also be shown to
have acted justly and fairly. No explanation whatsoever is
Crl.M.C.No.3157/07 3
offered as to why the petitioner did not come earlier before this
court and has waited so long to file this application on
11/10/2007 when the trial was listed to take place today, that is
15/10/2007. I am in these circumstances, not at all inclined to
invoke the jurisdiction under Section 482 Cr.P.C.
6. This Criminal Miscellaneous Case is accordingly
dismissed. I may hasten to observe that the petitioner shall be at
liberty to raise all contentions in the trial before the learned
Magistrate including the contention that the petitioner is not
liable to stand trial in view of the earlier judgment in
S.C.No.106/01.
7. With the above observations, this Criminal
Miscellaneous Case is dismissed.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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Crl.M.C.No.3157/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007