MANIKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Annexure A 20 FIR registered under Section 107 Cr.P.C. and Annexure A21 order passed under Section 111 Cr.P.C. are sought to be quashed on two grounds : (i) Enquiry was not completed within six months and as such the proceedings would stand terminated under Section 116 (6) Cr.P.C. (ii) There is no sufficient ground to proceed against accused under Section 107 Cr.P.C.

(2.) Section 116 (6) Cr.P.C . says that if the enquiry not completed within six months from the date of its commencement, on the expiry of the said period, the proceedings would stand terminated, unless for special reason to be recorded in writing or the Magistrate otherwise directs. It is really a mixed question of law and fact and hence jurisdiction under Section 482 Cr.P.C. cannot be invoked.

(3.) Regarding the second ground, the prayer is to quash the order passed under Section 111 Cr.P.C. by the Magistrate (Annexure 21). The said order was passed by the Magistrate by considering its merits and demerits. The regular remedy available to the accused was not exhausted. It is not permissible to usurp the powers of an appellate court or a revisional court under Section 482 Cr.P.C. As such, Crl.M.C. fails, dismissed, without prejudice to the right of the accused to agitate his grievance and to raise defence available, at any stage of proceeding.