Shan vs State Of Kerala on 24 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4011 of 2008()


1. SHAN, S/O.SHAJAHAN
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.J.JAYAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :24/11/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                    Crl.M.C. No.4011 of 2008
                      -------------------------------------
             Dated this the 24th day of November, 2008

                                  ORDER

Petitioner faces allegations in a crime registered alleging

the offences punishable, inter alia, under Section 420 I.P.C. The

crux of the allegations is that the 1st accused, a lady doctor, was

engaged in a hospital run by a charitable trust. In furtherance of

the common intention of all the accused persons, the 1st accused

held herself out to be a qualified Allopathic Medical Practitioner

and started such practice in the hospital under the trust. The

petitioner is alleged to be an important functionary of the trust.

He actually works in the establishment. He is the son of the 2nd

accused, who is the chairman of the trust, which runs the

hospital. He is engaged as a part time accountant. According to

the police, they believe that the petitioner was responsible to

facilitate the commission of the crime by the 1st accused.

2. The learned counsel for the petitioner prays that the

crime registered in so far as it relates to him may be quashed. In

these circumstances the F.I.R may be quashed and the

proceedings against the petitioner may be brought to premature

Crl.M.C. No.4011 of 2008 2

termination. Continuance of the prosecution is causing great

difficulties to the petitioner in as much as he is not able to apply

for and secure a passport. In these circumstances the crime

registered against him may be quashed or at least there may be

a direction for expeditious completion of the investigation.

3. The learned Public Prosecutor opposes the

application. The learned Public Prosecutor submits that the

available indications clearly suggest the complicity of the

petitioner. It is, in these circumstances, prayed that this petition

may be dismissed. The police may be given time to complete the

investigation and take a definite stand as to whether the

petitioner deserves to face charges. Only if the Investigating

Officer is convinced on the basis of materials collected that the

petitioner has to be arrayed as an accused, shall he be arrayed

as an accused. In these circumstances, this petition may be

dismissed, submits the learned Public Prosecutor.

4. Having considered all the relevant circumstances, I

find merit in the submission of the learned Public Prosecutor. At

the moment and with the available inputs, I am not persuaded to

agree that the F.I.R registered, in so far as it relates to the

petitioner deserves to be quashed.

Crl.M.C. No.4011 of 2008 3

5. This Crl.M.C is, in these circumstances, dismissed, but

with the specific observation that the Investigating Officer must

make every endeavour to complete the investigation as

expeditiously as possible. I make it clear that I have not

intended to express any authentic opinion on merits. I have only

chosen to take the view that the powers under Section 482

Cr.P.C do not deserve to be invoked at this stage. The dismissal

of this petition, I make it clear, will not in any way fetter the

rights of the petitioner to challenge the final report or to claim

discharge/acquittal in the proceedings which may be initiated on

the basis of such final report.

(R.BASANT, JUDGE)
rtr/-