High Court Kerala High Court

Vijayan vs State Of Kerala on 30 May, 2007

Kerala High Court
Vijayan vs State Of Kerala on 30 May, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1355 of 2007()


1. VIJAYAN, S/O.N.K.VELANTHEYYAN,
                      ...  Petitioner
2. GOPALAKRISHNAN, S/O.N.K.VELANTHEYYAN,
3. CHENTHAMARAKSHAN, S/O.N.K.VELANTHEYYAN,

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. SAROJINI, W/O.CHANDRAN,

                For Petitioner  :SRI.SAJAN VARGHEESE K.

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :30/05/2007

 O R D E R






                                R. BASANT, J.

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                       CRL.M.C.NO. 1355 OF 2007

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                Dated this the  30th day of May, 2007



                                     ORDER

The petitioners are accused 1 to 3 in a prosecution

launched under Secs.341, 323 and 506(1) read with Sec.34 of

the IPC. Cognizance was taken by the learned Magistrate on

the basis of a final report submitted by the police, a copy of

which is produced as Annexure-C. Investigation commenced

on the basis of Annexure-B – First Information Statement

which led to the registration of Annexure-A – FIR. Altogether,

5 accused persons are shown as accused in Annexures-A and B.

But, after investigation, the police has filed charge sheet only

against the petitioners herein. It is stated that the petitioners

have appeared before the learned Magistrate. They have

come to this Court with this petition to invoke the powers

under Sec.482 of the Cr.P.C. to quash the proceedings.

2. What are the reasons? The learned counsel for the

CRL.M.C.NO. 1355 OF 2007 -: 2 :-

petitioners contends that though it is true that the respondent/

complainant had come to the house of the accused on the date in

question, all other allegations are totally false and non-existent.

Convenient allegations have been raised with the only intention

of vexing and harassing the petitioners. The learned counsel for

the petitioners specifically points out that though the allegations

in the First Informations Statement is that the documents were

torn and destroyed by fire, the present allegation in the final

report is only that they were torn and destroyed. Similarly,

though there were five accused persons initially, two of them

have been dropped from the array of parties conveying

unmistakably that the initial version of the complainant has not

been accepted even by the police.

3. I have considered the contentions. I must remind myself

the nature, quality and contours of the jurisdiction of this Court

under Sec.482 of the Cr.P.C. It is an extraordinary inherent

jurisdiction which is available. It is to be invoked in exceptional

cases only and that too in aid of justice to prevent the

miscarriage of justice and abuse the process of the court.

Incongruity in the prosecution case, contradiction between the

witnesses etc., are not by themselves sufficient to persuade this

CRL.M.C.NO. 1355 OF 2007 -: 3 :-

court to invoke such jurisdiction under Sec.482 of the Cr.P.C.

4. I have been taken through Annexures-A, B and C in

detail. I have been apprised of the background of the dispute

between the parties. But having considered all this, I am of

opinion that no sufficient ground to justify the invocation of the

powers under Sec.482 of the Cr.P.C. have been shown to exist.

Lest, it might prejudice the interests of the parties, I am not

proceeding to narrate the averments in greater detail or

consider the contentions on merits in extenso.

5. I need only mention that it is for the petitioners to raise

all these contentions before the learned Magistrate in the course

of the proceedings and for the learned Magistrate to take

appropriate decisions on such contentions. I have not intended

to express any opinion on merits. I only take the view that

sufficient circumstances to invoke the powers under Sec.482 of

the Cr.P.C. are not shown to exist.

6. Finally, the learned counsel for the petitioners submits

that great prejudice, hardship and loss would result if the

personal appearance of the petitioners were ritualistically

insisted by the learned Magistrate on all dates of posting. The

petitioners can apply for exemption and I find no reason to

CRL.M.C.NO. 1355 OF 2007 -: 4 :-

assume that the learned Magistrate shall not consider such

application on merits and favourably.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge